I Got Caught Driving Drunk—Can I Still Fight My DUI in South Carolina?

If you got caught driving drunk, can you still fight your DUI in South Carolina? Or, is it time to admit your mistake and face the consequences?

While it might seem like it’s time to admit your mistake and move on, this is not the right approach. As we have discussed previously, the consequences of a DUI conviction in South Carolina can be severe. As we have also discussed previously, there are several ways to fight a DUI charge—including ways to fight a DUI even if you were driving under the influence at the time of your arrest. As a result, before you make another mistake and lose your opportunity to fight your DUI (and protect your future), you should talk to an experienced DUI attorney about the options you have available.

You Should Always Fight Your DUI Charge in South Carolina

To be abundantly clear, you should always fight your DUI charge in South Carolina. Even if you aren’t able to avoid penalties entirely because you got caught driving drunk, fighting your DUI could still significantly mitigate the immediate and long-term consequences of your arrest. With all of the consequences you are facing, you owe it to yourself and your family to fight, and this starts with putting an experienced DUI attorney on your side.

As we discuss below, there are several ways an experienced DUI attorney may be able to help you. Since you can schedule a free initial consultation, you have no reason not to learn more. With this in mind, we encourage you to continue reading to learn more about fighting a DUI charge in this scenario, and then we encourage you to schedule an appointment to discuss your case with DUI attorney Rad S. Deaton.

5 Key Questions for Defending Against a DUI When You Got Caught Driving Drunk

Let’s say you got pulled over after a night of drinking. What do you need to know in order to protect yourself? Here are five key questions for defending against a DUI when you got caught driving drunk:

1. Were You Actually Driving Drunk?

The first key question is this: Were you actually driving drunk?

While this is certainly a possibility, it’s also possible that you were not driving under the influence (or with an “unlawful alcohol concentration”) at the time of your arrest. When deciding how to approach your case, here are just some of the facts you will need to carefully consider:

• Did you drink enough to impair your driving abilities or raise your blood alcohol concentration (BAC) over the legal limit?
• How long after you stopped drinking did you get behind the wheel?
• How long after you stopped drinking did you get pulled over?
• How long did it take the arresting officer to administer the breathalyzer or the field sobriety tests (FSTs)?
• Is there an alternate explanation for your high BAC (if you took the breathalyzer), and are the arresting officer’s observations and statements regarding your impairment accurate?

Again, these are just examples. If it’s possible that your BAC was still rising when you got pulled over, if it’s possible that the arresting officer improperly administered the breathalyzer or FSTs, or if it’s possible that there are any other problems with the state’s evidence against you, these are all issues that could provide strong defenses to your DUI charge.

2. Are You Facing a DUI or a DUAC?

It is also extremely important to clarify whether you are being charged with DUI or DUAC. Under South Carolina law, prosecutors can pursue a driving under the influence (DUI) charge based on evidence of impairment. If your BAC was over the legal limit, prosecutors can pursue a charge for driving with an unlawful alcohol concentration (DUAC)—and, in this scenario, evidence of impairment is not required.

DUI and DUAC charges present both different risks and different opportunities. As a result, you need to make sure you know which type of drunk driving charge you are facing. This will determine what defenses you can assert in court—and this will determine what types of evidence are relevant in your case.

3. Are You Eligible for DUI Diversion?

If this is your first DUI charge, you may be eligible for pre-trial diversion. Entering into a pre-trial diversion program provides the opportunity to avoid having a DUI conviction on your record even if prosecutors have the evidence they need to prove that you were driving drunk. As a result, if you truly got caught driving drunk, this could be a good option.

With that said, there are costs involved, and you need to be committed to completing the program successfully. When you sit down with an experienced DUI attorney, your attorney will be able to help you decide whether this is an option you should consider under the circumstances at hand.

4. Should You Consider a DUI Plea Bargain?

Another way to avoid a drunk driving conviction in South Carolina is to negotiate a DUI plea bargain. This, too, won’t necessarily be the best option in all cases. But, if it is the best option in your case, then working with your lawyer to seek a favorable deal could reduce the consequences of your arrest substantially.

5. Can Prosecutors Meet Their Burden of Proof?

Before you consider entering into a pre-trial diversion program or negotiating a DUI plea bargain, you first need to know whether prosecutors can meet their burden of proof. Even if you got caught driving drunk, prosecutors still need to prove your guilt beyond a reasonable doubt. If prosecutors don’t have the evidence they need—or if their evidence is inadmissible in court—you may be able to avoid consequences entirely.

Schedule a Free Consultation with North Charleston DUI Attorney Rad S. Deaton Today

Did you get caught driving drunk in South Carolina? If so, we strongly encourage you to contact us for more information. To schedule a free consultation with North Charleston DUI attorney Rad S. Deaton, call 843-225-5723 or get in touch online today.