5 Ways to Resolve Your DUI in North Charleston Without Unnecessary Consequences

If you are facing a DUI in North Charleston, your primary focus should be on resolving your case without unnecessary consequences. As we have discussed previously, not only do South Carolina DUI charges carry steep penalties, but a conviction can also negatively impact your life long after your sentence has been served.

How can you avoid unnecessary consequences? The short answer is that you need to take a smart approach to your DUI case. Depending on the circumstances of your case, you may have a variety of different options available for avoiding unnecessary penalties—and potentially for avoiding a conviction entirely. The key is to make informed decisions based on the circumstances at hand, and this starts with putting an experienced defense lawyer on your side.

What Are the Options for Resolving Your DUI Case?

When you hire an experienced DUI defense lawyer to represent you in North Charleston, your lawyer will help you evaluate all of the options for resolving your DUI case without unnecessary consequences. While individual circumstances vary, the available options generally include:

1. Bench Trial

When you get arrested for DUI in North Charleston, your case will automatically be scheduled for a “bench trial.” This is a trial before a judge. If you accept a bench trial, the judge will hear the evidence and arguments from both sides (your defense lawyer and the prosecutor’s office), and then the judge will render a decision based on whether the prosecutor’s office has met its burden of proving your guilt beyond a reasonable doubt.

Bench trials can have advantages over jury trials in some cases. For example, a judge is more likely to focus solely on the relevant facts and relevant law, whereas jurors may have a greater tendency to be swayed by prosecutors’ efforts to play to their emotions. On the other hand, being able to play to jurors’ emotions can also benefit defendants in certain circumstances. Bench trials are also typically quicker and more straightforward than jury trials (and thus less expensive); but, if you request a jury trial, the jurors will need to reach a unanimous verdict to convict you.

2. Jury Trial

While your DUI case will automatically be scheduled for a bench trial, you have the right to request a jury trial if you choose to do so. If you request a jury trial, your guilt will be judged by a jury of your peers. A judge will still preside over your case, and you will still have the opportunity to ask the judge to issue a directed verdict in your favor before the jury deliberates. If your case goes to the jury, the jurors will consider all of the evidence, and they will need to reach a unanimous verdict to convict, as noted above.

There can be other benefits to requesting a jury trial as well. But, there are also drawbacks; so, once again, informed decision-making is critical. Your DUI defense lawyer can help you decide whether it is in your best interests to request a jury trial—and, if so, your lawyer can submit your jury trial request on your behalf.

3. Pre-Trial Dismissal

While going to trial is one way to resolve your DUI case, it may also be possible to resolve your case before your trial date arrives. Depending on the circumstances of your case, your DUI defense lawyer may have various grounds to seek pre-trial dismissal. This could be the case, for example, if:

• The police violated your constitutional rights during your DUI stop;
• Prosecutors violate your constitutional rights by withholding material evidence; or,
• Prosecutors don’t have enough evidence to meet their burden of proof.

Seeking pre-trial dismissal is not easy. It requires a clear understanding of the law and the ability to present a persuasive argument to the judge. But, if this is an option in your case, seeking pre-trial dismissal could allow you to avoid a conviction (even if you were driving drunk) without the inherent risk of taking your case to verdict.

4. Plea Bargain

Another option for avoiding trial in your DUI case is negotiating a plea bargain. While negotiating a plea bargain does not allow you to avoid consequences entirely, it does allow you to avoid the extremely harsh consequences of a DUI. Typically, negotiating a plea bargain in a South Carolina DUI case involves accepting responsibility for reckless driving. Reckless driving tickets still carry fines and driver’s license points—but these consequences pale in comparison to South Carolina’s DUI penalties.

When should you consider a plea bargain? Accepting a deal in your case may be a good option if your only viable alternative is taking your case to trial. If there is a decent chance that the prosecutor’s office will be able to meet its burden of proof in court, then the risks of going to trial might outweigh the benefits.

5. Diversion

Finally, if you are being charged as a first-time DUI offender, your case may qualify for diversion. If you enter into a diversion program, your case will be taken off of the trial schedule (or “diverted” from trial) while you work through the program’s requirements. As long as you complete all of these requirements successfully, you will not have to go to court; and, at the end of the program, your DUI charge will be dismissed.

Since participating in a diversion program involves a substantial time commitment and some costs (though these costs are minimal compared to the costs of a DUI), you should not automatically assume that this is your best option. Depending on the facts of your case, you could have strong defenses available. But, if diversion is your best option, you will want to enroll in the appropriate diversion program promptly so that you can resolve your DUI case as quickly as possible.

Discuss Your Options with North Charleston DUI Defense Lawyer Rad S. Deaton

Do you need to know more about the options for resolving a DUI in North Charleston? If so, we invite you to get in touch. To request a free initial consultation with North Charleston DUI defense lawyer Rad S. Deaton, please call 843-225-5723 or inquire online today.