A DUI charge can destroy your life overnight. You might be worried about your license, your work, your insurance, your future, even. A lot of people assume that a DUI arrest means a conviction. This isn’t always the case. All DUI cases are evidence driven. If the evidence is weak, incomplete or acquired improperly the case can break apart. An expert South Carolina Criminal Defense Lawyer knows how to investigate every aspect. A comprehensive review can pick up faults that are often overlooked. Mistakes are sometimes the strongest component of the defense. Criminal defense attorney Dayne Phillips has created a good reputation of defending those accused of felony and petty crimes throughout South Carolina. A Super Lawyers Rising Star in 2017 and 2018, he has won multiple acquittals, and now serves as President of the South Carolina Association of Criminal Defense Lawyers. That experience gives clients the ability to attack DUI evidence on all fronts.
Every piece of evidence counts
Police and prosecutors generally rely on a variety of types of evidence, not just one. Typical instances are:
- Traffic stop observations:
- Field sobriety test
- Breath test findings
- Blood Work
- Dash-camera footage
- Video from body camera
- Police reports
- Statements of witnesses
Each thing must comply with the law. If one piece fails, the whole case is jeopardized. Now imagine a chain. One broken link can ruin the whole operation.
Was the Traffic Stop Legally Justified?
That’s the point.” The police can’t stop every single driver without a reason. An officer must, in general, have a reasonable suspicion that a traffic or criminal law has been broken before making the stop. A lawyer is reviewing what transpired before the emergency lights went on. Did he go fast? Did the officer say you crossed the center line? Was it backed up by dash camera footage? If the halt was not based on lawful reasons, the court may dismiss evidence obtained after it. That can radically turn a DUI case around.
Field Sobriety Tests Are Not Perfect
Most individuals believe that field sobriety tests are scientific. They are not. These exams often depend on the view of the officer. Certain factors may impact performance including, but not limited to:
- Poor weather
- Bumpy roads
- Darkness
- Kneecap or back injury
- Age
- Medical problems
- Anxiety.
To be honest, it’s hard for a sober person to stand on one leg next to a busy roadway. A DUI attorney checks camera footage, officer notes, and test directions. Those results are far less dependable if officers didn’t follow established procedures.
Breath Tests Can Also Be Challenged
Breath testing equipment need good care. The machine must be kept in calibration and regularly maintained. Officers are also expected to complete mandatory testing procedures. Problems are:
- Bad machine maintenance
- Calibration mistakes
- Operator errors
- alcohol contamination of mouth
- Medical problems such as acid reflux
Even a slight miscalculation could impact the blood alcohol reading. A competent lawyer will ask for maintenance records and testing logs to ascertain if the equipment worked properly that day.
Blood Test Results Not Always Final
Blood tests often seem hard to dispute, but are not beyond doubt. Several issues can alter the results. And sometimes samples are tainted. They could be stored wrongly. The chain of custody can be broken. Errors in the lab happen, too. Your lawyer is present for every stage from the blood draw to the lab report. If protocols are not followed, results can lose their value in court.
Police Reports Don’t Tell the Whole Story
Police reports matter. They are not good. Humans are flawed. “Officers are humans. Sometimes video footage shows a different story than written accounts. Maybe the report indicates you tripped a few times but the body cam footage shows you walking OK. Maybe the timeline isn’t consistent with the dispatch records. Small details matter because they impact credibility. This is why a defense lawyer analyzes every document to accessible recordings and other evidence.
Body Cameras Can Aid Both Sides
Many South Carolina law enforcement departments wear body cams. Such videos often become among the strongest pieces of evidence. Sometimes the video supports the officer. Other times it helps the motorist. A good speech, good manners, good balance, and reasonable discourse can contradict statements in the police report. “Video evidence removes the guesswork.
Procedure Is More Important Than People Realize
There are laws on DUI cases. The police officers are to keep those guidelines from start to end. Late deadlines, lost documents, inappropriate warnings or faults during testing could leave the door open for the defense. These problems may look trivial. They rarely do. Courts expect cops to follow the law like anyone else.
Your Defense Can Be Strengthened by Witnesses
Not every witness is a witness for the Crown. Other drivers, restaurant personnel and bartenders, or even passengers may remember things differently. One witness might say you swerved to avoid a pothole instead of because of drunkenness. Another may indicate you had only 1 drink over a number of hours. These data help to provide a clearer picture of what really happened.
Why It’s Important to Get Legal Help Early
DUI arrests are time sensitive. Evidence might go away. Video files can be removed. But look, memories die. The earlier a lawyer starts researching, the more likelihood there is of finding meaningful evidence. Early action also means your attorney can analyze police reports, acquire records and prepare for court before deadlines hit. Those opportunities are often limited by waiting.
Pick the Right Defence.
No two DUI cases are alike. One might be on the accuracy of breath tests. One can include an illegal traffic stop. Some cases also involve poor field sobriety testing. Others are based on contradictory testimony from witnesses. A knowledgeable South Carolina DUI Attorney realizes that a robust defense is built on meticulous investigation, not on snap judgments. Before any defense strategy is formulated, attorney Dayne Phillips of South Carolina Criminal Law analyzes every piece of evidence. His courtroom experience, prominence in South Carolina’s criminal defense community and history of good results provide clients with informed representation at one of the most difficult times of their lives. A DUI charge is no joke. It does not mean that the evidence is immune from automatic challenge. Oftentimes, with the proper legal approach, weaknesses arise that can improve the outcome of your case.
FAQs
- Yes. If the traffic stop was illegal, the charges can be thrown out.
Short Answer: Yes, in some situations.
Detailed Answer: If the police had no lawful grounds to pull your car over, a judge may disregard the evidence obtained following your traffic stop. Without that proof prosecutors might have a hard time moving the case forward.
- Can breathalyzer findings be inaccurate?
Short Answer: Yes they can.
Detailed Answer: Breath testers need to be properly maintained and operated correctly. Results may be affected by medical conditions, equipment problems or operator error.
- How accurate are field sobriety tests?
Short answer : Not necessarily .
Detailed Answer: Weather, road conditions, injury, age, fatigue and anxiousness might affect performance. These examinations depend mainly on officer observations and can be contested.
- Does body camera video help the defense?
Short Answer: It can, often.
Detailed answer: Body camera footage can support or refute claims in police reports. Sometimes, footage clearly shows activity that supports the driver’s account of events.
- When to contact a South Carolina DUI attorney?
Short Answer: As soon as possible following arrest.
Detailed Answer: With early legal representation, your attorney can preserve evidence, study police processes, interview witnesses and begin developing the strongest argument before critical deadlines pass.
