Driving under the influence, often known as DUI, is a serious offense in South Carolina that carries significant penalties. However, being charged with a DUI does not necessarily mean you will be convicted. It is possible to challenge the charges by presenting defenses that cast doubt on the prosecution’s case. If you or someone you know is facing DUI charges in South Carolina, understanding the common defenses available could make a significant difference in the outcome of the case. In many situations, the defense can lead to reduced charges, dismissal, or even acquittal. DUI cases are complicated because they often involve technical and scientific evidence. The police may rely on field sobriety tests, breathalyzer results, and observations of the driver’s behavior to build their case. However, each of these methods has potential weaknesses. A good defense will focus on challenging the evidence, the police procedure, or the legality of the stop itself. Below, we will explore some of the most common defenses used in DUI cases in South Carolina. At, The Bateman Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.

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Challenging the Traffic Stop

The legality of the traffic stop is one of the first issues that can be questioned in a DUI case. In South Carolina, police officers must have reasonable suspicion to pull over a vehicle. This means the officer must observe a traffic violation or have a reasonable belief that the driver is committing a crime. If the police officer stopped the vehicle without a valid reason, this could be a violation of the driver’s constitutional rights. Any evidence gathered as a result of an illegal stop could be thrown out, which would severely weaken the prosecution’s case. Sometimes, an officer may claim the driver was swerving, driving too slowly, or committing some other traffic violation. However, if there is no evidence to support this claim, such as dashcam footage or credible witness testimony, the stop could be considered unlawful. If the stop was illegal, all the evidence that followed, including field sobriety tests and breathalyzer results, could be dismissed.

Questioning the Field Sobriety Test

Field sobriety tests are often used by officers to determine if a driver is impaired. These tests include tasks like walking in a straight line, standing on one leg, or following an object with the eyes. Although these tests are common, they are not always reliable. There are many reasons a person could fail a field sobriety test that have nothing to do with alcohol or drugs. Fatigue, anxiety, poor coordination, or medical conditions could all lead to a poor performance on these tests. Additionally, field sobriety tests are highly subjective. They rely on the officer’s interpretation of how well the driver performed the tasks. In some cases, the officer may have been overly critical or biased, leading to an inaccurate assessment of impairment. A defense attorney can argue that the field sobriety test results should not be used as evidence because they are not reliable or because the officer did not administer the test properly.

Challenging the Breathalyzer Test

Breathalyzer tests are another common tool used by police to measure a driver’s blood alcohol concentration (BAC). In South Carolina, a driver is considered over the legal limit if their BAC is 0.08 percent or higher. However, breathalyzer tests are not foolproof. There are many factors that can affect the accuracy of a breathalyzer reading, including the calibration of the machine, the way the test was administered, and even the driver’s health conditions. If the breathalyzer machine was not properly maintained or calibrated, the results could be inaccurate. Defense attorneys can request maintenance records to check if the machine was in proper working order at the time of the test. Additionally, improper administration of the test by the officer, such as not waiting the required time after the driver’s last drink or failing to provide clear instructions, could also lead to inaccurate results. Medical conditions, such as acid reflux or diabetes, can affect the results of a breathalyzer test. For instance, people with diabetes may have elevated levels of acetone in their breath, which can be misread as alcohol by a breathalyzer. By raising questions about the reliability of the breathalyzer results, the defense can weaken the prosecution’s case.

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"John Bateman is my absolute go to peer in the legal field when it comes to questions about DUI. . . . He has an innate ability to convey to clients what really matters in their cases. As a fellow attorney, I highly recommend John to anyone in the SC or NC areas who are looking for... legal representation when facing a DUI charge."

M. Brock

"An excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State"

"John is an excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State, and also the same training as the people who are the instructors of the police officer training courses on field sobriety tests. He is very passionate about DUI's and I recommend him often to people who are facing serious charges in the upstate area."

P. Hammond

"He cares for each of his clients and works extremely hard to achieve results."

"Very knowledgeable and thorough in his preparation and representation of his clients. He cares for each of his clients and works extremely hard to achieve results. I highly recommend this lawyer."

C. Grubbs

Rising Blood Alcohol Levels

One interesting defense in DUI cases involves the concept of rising blood alcohol levels. When a person consumes alcohol, their BAC does not immediately reach its peak. It takes time for alcohol to be absorbed into the bloodstream. In some cases, a driver’s BAC may have been below the legal limit at the time they were driving, but rose above the limit by the time the breathalyzer or blood test was administered. This is known as the rising BAC defense. To successfully use this defense, it is important to have a timeline that shows when the driver consumed alcohol and when the test was conducted. If the defense can prove that the driver’s BAC was still rising at the time of the test, it could create reasonable doubt about whether the driver was actually over the legal limit while driving.

Medical Conditions and Medications

There are several medical conditions and medications that can mimic the signs of impairment, making a driver appear intoxicated when they are not. For example, conditions like diabetes, epilepsy, or neurological disorders can affect a person’s coordination and speech. Certain medications can also cause side effects that resemble the effects of alcohol, such as dizziness or confusion. Additionally, some medical conditions can cause false positives on breathalyzer tests. As mentioned earlier, people with diabetes may have higher levels of acetone in their breath, which can be mistaken for alcohol. A strong defense may include medical evidence showing that the driver’s condition or medication could explain their behavior or test results, rather than alcohol impairment.

Mistakes in Police Procedure

Police officers must follow specific procedures when making a DUI arrest. If the officer fails to follow these procedures, it could lead to the dismissal of the charges. Common mistakes include failing to read the driver their Miranda rights, improperly conducting the field sobriety test, or failing to properly document the arrest. Additionally, the officer must have probable cause to make an arrest. Probable cause means there must be sufficient evidence to believe the driver was impaired. If the officer did not have enough evidence to justify the arrest, the charges could be challenged. Any errors in the police report or inconsistencies in the officer’s testimony could also weaken the prosecution’s case.

Challenging Blood Test Results

In some cases, blood tests are used instead of or in addition to breathalyzer tests to measure a driver’s BAC. Blood tests are generally considered more accurate than breathalyzers, but they are not without flaws. For a blood test to be valid, the sample must be properly collected, stored, and analyzed. Any contamination or mishandling of the sample could lead to inaccurate results. Defense attorneys can challenge the chain of custody for the blood sample, meaning they can investigate how the sample was handled from the time it was taken to the time it was tested. If there were any mistakes in this process, such as improper storage or delayed testing, the results could be unreliable. A defense could argue that the blood test results should not be used as evidence if there is any question about the integrity of the sample.

Lack of Evidence

In some DUI cases, the prosecution may not have enough evidence to prove beyond a reasonable doubt that the driver was impaired. This could happen if the officer failed to collect sufficient evidence at the scene, such as not administering a breathalyzer test or failing to record the field sobriety test. In other cases, the evidence may not be strong enough to support a conviction, such as weak witness testimony or unclear video footage. A lack of evidence can create reasonable doubt, which is a key element in criminal defense cases. If the defense can show that the prosecution’s evidence is insufficient or unreliable, it may be possible to get the charges reduced or dismissed. Facing a DUI charge in South Carolina is a serious matter, but it is not an unwinnable battle. By understanding the defenses available and working with an attorney who knows how to challenge the prosecution’s evidence, you have the opportunity to protect your rights and potentially avoid a conviction. Whether it involves questioning the legality of the stop, challenging test results, or highlighting mistakes in police procedure, there are many ways to build a strong defense. If you or a loved one is facing DUI charges in South Carolina, The Bateman Law Firm is here to help. With experience in handling DUI cases, we are committed to defending your rights and fighting for the best possible outcome in your case. Contact The Bateman Law Firm today to schedule a consultation and learn how we can assist you during this challenging time.

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Top Defenses for DUI Charges in South Carolina