Serving What Should I Do if I’ve Been Charged with a DUI?
You are driving down a windy road late at night after sharing beers with co-workers when a police officer pulls you over for suspicion of driving under the influence. The police officer requests that you submit to field sobriety testing, in which your performance is abysmal. The officer then requests that you submit to a breathalyzer, in which your blood alcohol level reads at 0.16 percent (double the legal limit)!
If you have been charged with a DUI, you may be frightened and unsure of what happens next in the criminal court process. Before anything occurs, your first call should be to a Conway DUI attorney who can explain your rights.
Steps to Take if You are Pulled Over for a DUI
The police officer will ask for your license and registration. You do not have to provide any further information or answer any questions other than complying with the officer’s instructions.
Standardized field sobriety testing (SFST) is three-pronged: a horizontal gaze nystagmus, a walk-and-turn test, and a one-legged stand test. If you fail any of these tests, the police officer may administer a breathalyzer to measure your blood alcohol level.
Blood Test or Breathalyzer
Whereas a blood test is about 99 percent accurate, breathalyzer results are not as reliable. This could be due to several factors, including whether the device is calibrated properly or if you suffer from certain medical conditions. For example, individuals with diabetes have high levels of ketones in their blood, which may result in a false positive reading. However, you have the right to refuse to provide a sample for breathalyzer and/or blood or urine. If you refuse these tests, there will likely be administrative penalties, including losing your driving privileges in the State of South Carolina.
What Happens After an Arrest for DUI in South Carolina?
You will be booked once you have been arrested, including fingerprinting and having your mugshot taken at the police station. The SC Law Enforcement Division (SLED) will keep your information on file. Within 24-48 hours, you will have a bond hearing, in which you, a judge, will determine if you should be eligible to pay bail to be released from custody. If you have not done so already, you should contact a Conway DUI lawyer so that they can represent you at this initial hearing.
Developing a Strong Defense in the Face of DUI Charges
A DUI can result in imprisonment, steep fines, and license revocation. These are not enough to cover the long-term consequences, such as difficulty finding employment, renewing professional licensure, and securing a decent place to live.
Common defenses to a DUI charge may include:
- If you were not read your Miranda rights when law enforcement was legally required to do so
- Challenging breathalyzer results
- If the police lacked probable cause when pulling you over (unlawful stop)
Hire experienced lawyers who thoroughly understand the law to choose the strongest defense. At the Law Office of Brad C. Richardson in Conway, SC, our DUI attorneys have experience on both sides of the courtroom. This allows us to quickly identify potential issues with the prosecution’s case and craft a defense that allows the best possible case outcome.
Contact a Conway DUI Lawyer Today
Law enforcement and the district attorney’s office will gather as much information as possible to establish your intoxication. You can effectively combat DUI charges and maintain your freedom by obtaining representation early on. To schedule your consultation, contact us online or by phone.