5 Potential Outcomes of a South Carolina DUI Case

Jan 1, 2025 | DUI Attorney

If you are facing a DUI charge in South Carolina, it is important to know what you can expect both during and after your case. Knowing what to expect will allow you to make informed decisions about your defense—which is critical for ensuring that you do everything you possibly can to avoid unnecessary consequences.

South Carolina DUI cases can lead to five main outcomes. Depending on the circumstances of your case, the potential outcomes may include:

1. A DUI Conviction in Court

In all DUI cases, a conviction in court is a very real possibility. While the prosecution has the burden of proof, prosecutors will often have multiple forms of evidence at their disposal, and they will be prepared to use this evidence to its full potential. You could face a DUI conviction in court if:

  • You Plead Guilty or “No Contest” – Pleading guilty or “no contest” to a DUI charge will result in a conviction, and your case will proceed directly to sentencing.
  • You Ignore Your DUI Case – If you ignore your DUI case, the judge will only hear the prosecution’s side of the story, and this will almost certainly lead to a conviction.
  • You Do Not Present a Successful Defense at Trial – If you unsuccessfully fight your DUI charge at trial, a “Guilty” verdict will lead to a conviction as well.

The first two scenarios are 100% preventable; and, while there are no guarantees, there are a variety of ways an experienced DUI defense lawyer may be able to help you avoid a conviction at trial. These include not only presenting an effective defense strategy at trial, but also targeting a favorable pre-trial resolution—as discussed below.

2. A Plea Bargain that Avoids a DUI Conviction

One way to avoid the possibility of a conviction at trial is to negotiate a plea bargain. In most cases, this involves pleading guilty to reckless driving (which is commonly referred to as a “wet reckless” in this scenario). If it appears that facing a conviction in court is a real possibility—and if you do not have other options for securing a  favorable pre-trial resolution—then hiring an experienced DUI lawyer to seek a plea bargain on your behalf could be your best option.

3. Pre-trial Dismissal of Your DUI Charge

Another way to avoid the possibility of a conviction at trial is to secure pre-trial dismissal of your DUI charge. A pre-trial dismissal can be warranted in several circumstances, including (but not limited to):

  • Prosecutors Don’t Have Enough Evidence to Convict You – If prosecutors don’t have enough evidence to meet their burden of proving your guilt beyond a reasonable doubt, then there is no reason for you to stand trial.
  • Key Evidence is Unreliable (and Therefore Inadmissible in Court) – To assist prosecutors with meeting their burden of proof, their evidence needs to be reliable. If any of the prosecution’s evidence is unreliable for any reason (i.e., if your BAC reading is flawed), then prosecutors should not be able to use it against you.
  • Police or Prosecutors Violated Your Constitutional Rights – If police or prosecutors have violated your constitutional rights, this may also entitle you to a pre-trial dismissal. In this scenario, all of the prosecution’s evidence could potentially be inadmissible in court.

 If you don’t deserve to stand trial, it is up to you to prove it. You must take action to convince the court that a trial is unwarranted. When you hire an experienced DUI defense lawyer to represent you, your lawyer will determine if you have grounds to seek pre-trial dismissal; and, if so, your lawyer will file for dismissal on your behalf.

4. Diversion of Your DUI Charge from Trial (and Eventual Dismissal)

If this is your first DUI charge, you may qualify for diversion. Diversion is an alternative to fighting your DUI charge (or negotiating a plea bargain) that allows you to avoid the life-altering consequences of a conviction regardless of the facts of your case.

When you enter into one of South Carolina’s diversion programs, your DUI case is taken off of the docket during your participation. If you complete the program successfully, your DUI charge will be dismissed.

While completing a diversion program requires time and effort, this can be well worth it in the end. Having your DUI charge dismissed without a plea bargain will keep your record clean. Not only will this allow you to avoid any penalties for violating the law, but it will also allow you to avoid facing increased insurance premiums, job-related challenges, and other costly consequences.  

5. A “Not Guilty” Verdict in Court  

If you have grounds to fight your DUI and are not able to secure a pre-trial dismissal, then going to trial could be your best option. While a “Guilty” verdict is a possibility, a “Not guilty” verdict will allow you to avoid life-altering consequences without going through the diversion process. If you are not eligible for diversion, this could be your only option for avoiding a conviction of any type.

Given the risk of facing a “Guilty” verdict, it is critical to make an informed decision. This will involve working closely with your DUI defense lawyer to scrutinize the prosecution’s evidence and carefully consider all of the facts of your case. An experienced defense lawyer will be able to help you feel confident that you are making the right choice based on the circumstances at hand, and then you can rely on your lawyer to fight for a “Not guilty” verdict on your behalf.

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

Are you facing a DUI in South Carolina? If so, it is critical that you take action promptly, and we strongly encourage you to contact us right away. To schedule a free consultation with North Charleston DUI lawyer Rad S. Deaton as soon as possible, call us at 843-225-5723 or tell us how we can reach you online now.