When someone is charged with DUI in Greenville, they immediately assume they’re going to lose their license. They figure the cops wouldn’t have arrested them for DUI if they didn’t have enough evidence to prove they were drunk. Perhaps they were drinking a little bit but didn’t think they were drunk. Once they were told they failed the breathalyzer test, they assumed they must have been over the legal limit.
Or, maybe someone was arrested and charged with DUI but knew for a fact they weren’t drunk. Maybe they had one beer an hour or two before they got behind the wheel. It seemed impossible that they could’ve blown over a .08 blood alcohol concentration (BAC). The thing is that most people would never think the cops arrested them for no good reason. They assumed their BAC must’ve been higher than they imagined.
The truth is that there are times when someone is arrested for DUI when they shouldn’t have been. There could have been a problem with the breathalyzer. Or, the field sobriety test (FST) was not administered properly. This is why it’s so important that you call and talk to an experienced DUI defense lawyer in South Carolina. They can review your case and determine if there’s a chance to get your charges reduced or dismissed.
The State Has to Prove Their Case Beyond a Reasonable Doubt
People tend to forget that a DUI charge is a criminal charge like any other. In order for the State to convict you, they have to prove that you were guilty beyond a reasonable doubt. This is the same standard they need in any other case. This means that, if your Greenville DUI defense lawyer can create doubt, you shouldn’t be convicted. One way to do this is to poke holes in the State’s evidence.
There are three (3) main ways in which the State can prove that you were driving while intoxicated (or under the influence) in South Carolina. This includes the following:
- You had a blood alcohol concentration (BAC) higher than the legal limit of .08
- You failed the field sobriety test (FST)
- You exhibited behavior consistent with someone who was driving while under the influence of drugs and alcohol
While it’s possible for your DUI defense lawyer in Greenville to discredit all of this evidence, there are other things they can point out to show you weren’t guilty. For example, if the State’s only evidence is that you had an open container of alcohol in your vehicle, that doesn’t automatically mean you were under the influence. You could have left that container in there from the day before. Or, the container could have belonged to a passenger in your car.
What Can Your Greenville DUI Lawyer Do to Disprove the State’s Case?
The reason you hire an experienced DUI lawyer in Greenville is to get your charges reduced or dismissed. They can do this in a variety of ways. The goal is to show that the State cannot prove your case beyond a reasonable doubt. Some of the ways in which your DUI defense lawyer in South Carolina can do this include the following:
- Your attorney can demonstrate that the breathalyzer machine the police used wasn’t working properly.
- The police may have administered the FST improperly. For example, they may have given you very confusing or incorrect instructions. Or maybe you were forced to perform the test in inclement weather
- The police performed a blood or chemical test and found that your BAC was well under the legal limit but chose not to give this information to the court
- You were not driving at the time of your arrest. If you were parked or otherwise not behind the wheel at the time of the traffic stop, your attorney may be able to get the charges reduced or dismissed.
If your Greenville DUI defense lawyer is able to do any of these things, they may be able to get your charges dropped. They’ll talk to the prosecutor and let them know what they plan to do at trial. If the prosecutor feels their case is in jeopardy, they may be willing to offer a reduced plea deal. Or, they may agree to drop the charges altogether.
The only way to know if this is possible is to call and schedule your consultation with an experienced DUI defense lawyer in Greenville.