Is It Possible To Have DUI Charges Dropped?

Depending on the circumstances, DUI charges can be dropped or penalties reduced in South Carolina. The DUI lawyers at the Law Offices of Brad C. Richardson, LLC, examine every aspect of your DUI arrest, identifying weaknesses in the state’s evidence, challenging procedural violations, and building the strongest possible defense to protect your rights throughout the criminal justice process.

Penalties for a DUI in South Carolina

DUI convictions result in escalating penalties based on prior offenses and blood alcohol concentration levels at the time of arrest. Courts impose various sanctions that impact multiple areas of your life:

• Jail time
• Substantial fines
• License suspension
• Ignition interlock device
• Community service
• Alcohol treatment programs
• Increased insurance rates

First-time offenders face lighter sentences than repeat DUI defendants, but all convictions create permanent criminal records. Our attorneys fight to avoid convictions that trigger these life-altering consequences and damage your future prospects.

Is It Possible To Have DUI Charges Dropped?

Prosecutors drop DUI charges when defense attorneys demonstrate fatal flaws in the state’s case or prove law enforcement violated constitutional rights during the arrest. We investigate every element of your traffic stop, field sobriety testing, and chemical testing to identify grounds for dismissal.

Illegal Traffic Stop

Police officers must have reasonable suspicion of a traffic violation or other criminal activity before stopping a vehicle. When a stop is unlawful, prosecutors are barred from using the resulting evidence, which can lead to the charges being dismissed if the officer lacked proper legal grounds for the detention.

Procedural Errors

Law enforcement officers must follow strict protocols during DUI arrests, including the proper administration of Miranda warnings and the proper procedures for chemical testing. Violations of required procedures provide grounds for suppressing evidence or dismissing charges when officers fail to comply with established legal standards.

Faulty Test Results

Chemical testing devices must be routinely calibrated and properly maintained to generate results that courts consider reliable and admissible. Several factors can compromise the accuracy of DUI testing methods, including errors in administering field sobriety tests, blood sample contamination, and timing issues with urine tests.

Lack of Sufficient Evidence

Prosecutors bear the burden of proving impairment beyond a reasonable doubt, and weak evidence fails to meet this high legal standard. We challenge the state’s case when officers lack credible testimony, video evidence contradicts police reports, or testing results show blood alcohol levels near the legal limit.

Administrative Hearing

South Carolina law (Section 56-5-2951) requires defendants to request administrative hearings within thirty days of arrest to contest automatic license suspensions. We file timely hearing requests and present evidence challenging the validity of your traffic stop, arrest procedures, and chemical testing to preserve your driving privileges during the pendency of criminal charges.

Negotiating a Plea

Plea negotiations allow defendants to resolve DUI charges by accepting reduced penalties or alternative charges that avoid some consequences of a full conviction. We negotiate with prosecutors to secure favorable plea agreements.

Consult an Experienced DUI Lawyer Immediately

Time-sensitive deadlines require immediate action to protect your rights and preserve defense options after a DUI arrest. Call The Law Offices of Brad C. Richardson, LLC, at 843-488-4321 to schedule a consultation with an experienced DUI attorney.