How to Keep Your BAC Out of Your South Carolina DUI Case?

If you are facing a DUI charge in South Carolina, the good news is that prosecutors must prove your guilt beyond a reasonable doubt to secure a conviction. You are presumed innocent until proven guilty, and if prosecutors cannot prove your guilt, you are entitled to an acquittal (if not a dismissal before trial).

The bad news is that prosecutors have several ways to prove guilt in South Carolina DUI cases.

Prosecutors may have various types of evidence available when seeking DUI convictions. These can include the defendant’s blood alcohol concentration (BAC) and field sobriety test (FST) results, the arresting officer’s testimony, and dash camera or body-worn camera footage, among many others. If prosecutors have the evidence they need to secure a conviction, then avoiding a conviction means keeping the prosecution’s evidence out of court.

7 Ways to Keep DUI Evidence Out of Court in South Carolina

So, how can you keep your BAC (or other evidence) out of your South Carolina DUI case? While the answer to this question varies case by case, the options for keeping evidence out of court in South Carolina generally include the following:

1. Asserting Your Privilege Against Self-Incrimination

One of the most important things you can do to protect yourself when facing a DUI charge in South Carolina is to assert your privilege against self-incrimination—also known as your right to remain silent. If you don’t state the police, prosecutors won’t have your own words to use against you.

2. Asserting Your Fourth Amendment Rights

When the police stopped you, searched your vehicle, or arrested you, did they violate your Fourth Amendment rights? The Fourth Amendment requires “reasonable suspicion” to conduct a traffic stop and “probable cause” to conduct a warrantless search or arrest. If the police violated your Fourth Amendment rights during your DUI stop, this could provide grounds to have all of the prosecution’s evidence excluded from your trial.

3. Exposing a Violation of Your Miranda Rights

Even if you gave a self-incriminating statement to the police, you may still be able to have your statement kept out of your DUI case if the police violated your Miranda rights. Under Miranda, the police must read your rights before interrogating you in custody. If the police failed to read your rights and you admitted to driving drunk, it may be possible to keep your admission out of court.

4. Exposing a Flaw in the Collection of Evidence

Along with Miranda violations, other flaws in the collection of evidence can entitle DUI defendants to have key evidence kept out of their trials as well. Some examples of these flaws include:

• Failing to calibrate the breathalyzer device properly
• Improperly administering the breathalyzer test
• Improperly administering the FSTs
• Failing to explain how to take the breathalyzer or FSTs properly

Additionally, under South Carolina law, the police are supposed to record all DUI stops. This requirement is intended to deter police violence and misconduct and ensure that the accuracy and reliability of evidence presented in DUI cases can be verified. If your DUI stop wasn’t recorded (or the footage is no longer available), this is another flaw in the process that may warrant exclusion.

5. Exposing a Break in the Chain of Custody

Breaks in the chain of custody can also raise questions regarding accuracy and reliability—and this, in turn, can justify the exclusion of critical evidence at trial. If prosecutors do not have a documented chain of custody for your BAC reading or any other evidence they intend to present in court, your DUI lawyer may be able to use this to protect you.

6. Exposing a Failure to Disclose Evidence

As a DUI defendant in South Carolina, you have the right to know what evidence prosecutors intend to use against you in court. You also have the right to know of any exculpatory evidence they possess. If prosecutors fail to disclose material evidence during your DUI case adequately, this could also justify a motion to suppress.

7. Raising Other Issues with the Prosecution’s Evidence of Guilt

From hearsay to irrelevance, various other issues can make evidence inadmissible in court. An experienced DUI lawyer will be able to examine all of these issues and determine if you have any grounds to keep key evidence out of your case at trial. If so, your lawyer can file an appropriate motion on your behalf, and, depending on what other evidence is available, your lawyer may be able to argue for either a pre-trial dismissal or a “Not guilty” verdict at trial.

What if You Can’t Keep the Prosecution’s Evidence Out of Court?

While there are several potential options for keeping key evidence out of court in a South Carolina DUI case, these options are not available in all cases. With this in mind, what are your options if you can’t keep the prosecution’s evidence out of court?

If prosecutors have the evidence they need to convict you, taking your DUI case to trial may not be your best option. In this scenario, there are two primary alternatives available:

• Negotiating a Plea Deal – Negotiating a plea deal provides an opportunity to mitigate the consequences of your DUI arrest. While accepting an agreement involves pleading guilty (usually to a “wet reckless”), you can avoid penalties you could otherwise face at trial.
• Entering Into a Diversion Program – You can also enter a diversion program if you are eligible. If you enter a diversion program and complete the program successfully, your DUI charge will be dismissed without further consequences.

Request a Free Consultation with North Charleston DUI Lawyer Rad S. Deaton

If you are facing a DUI charge in North Charleston, we encourage you to contact us promptly for more information. To arrange a free consultation with DUI lawyer Rad S. Deaton, call 843-225-5723 or inquire online today.