Yes, DUI charges may be reduced or dismissed in some cases in South Carolina. An experienced defense attorney may use weaknesses in the prosecution’s case, such as police officer errors during a DUI arrest or breathalyzer test problems, to seek to reduce or dismiss DUI charges. In some cases, a DUI lawyer can negotiate for impaired driving charges to be reduced or for a person with no prior DUI convictions to have charges dismissed after attending an alcohol treatment program.
A drunk driving arrest does not always lead to a DUI conviction. Many people plead guilty without realizing that possible defenses exist. First-time offenders may be eligible for pre-trial diversion to avoid a DUI conviction. It’s crucial to have a knowledgeable DUI defense lawyer guide you through the criminal justice system and advocate for your rights. The attorneys at McKinney, Tucker & Lemel LLC have been defending clients charged with driving under the influence in Rock Hill and the surrounding areas of York and Lancaster Counties since 1977. Our legal team fights to protect each client’s rights and seeks the best possible outcomes.
What Is the Process for Getting a South Carolina DUI Charge Reduced?
Getting a DUI charge reduced involves negotiating with prosecutors to accept a plea to a lesser criminal offense. This defense strategy is viable when the evidence supporting the original charge contains weaknesses or when mitigating circumstances exist, such as no prior DUI arrests. Attorneys present arguments showing why a reduction serves the interests of justice while acknowledging the defendant’s willingness to accept some responsibility.
Plead to a Lesser Charge
Reckless driving is the most common reduced charge in DUI cases, carrying lighter penalties than a DUI conviction. It avoids automatic license suspension, SR-22 insurance requirements, and mandatory Alcohol and Drug Safety Action Program completion while preventing long-term consequences on your permanent record.
Prosecutors consider factors such as first-time offenses, BAC levels, and absence of accidents or injuries when evaluating reductions in criminal charges. Defense attorneys present evidence such as character references, work records, and proof of treatment or corrective actions to support a lesser charge.
What Are Some Strategies for Getting a DUI Charge Dismissed?
Dismissal of DUI charges requires identifying fundamental flaws in the prosecution’s case. These defenses focus on constitutional violations, such as a lack of probable cause to make a traffic stop, Miranda Rights violations, or insufficient evidence to prove guilt beyond a reasonable doubt.
Improper Traffic Stop
Law enforcement officers must have reasonable suspicion of criminal activity or a traffic violation to initiate a stop. A police officer cannot pull over a motor vehicle based on hunches, random selection, or discriminatory reasons.
Defense attorneys examine dashcam footage, police reports, and officer testimony to determine whether the stop was legally justified. If the initial stop violated constitutional protections, all evidence obtained afterward becomes inadmissible. This often results in dismissal because prosecutors cannot proceed without the evidence gathered during the illegal stop.
Faulty Field Sobriety Equipment
Breathalyzer devices require regular calibration and maintenance to produce accurate results. South Carolina law mandates specific protocols for operating and maintaining these machines.
Defense lawyers obtain maintenance records and calibration logs to verify proper functioning. Devices that have not been calibrated within the required timeframes produce unreliable results. Courts may dismiss breath test results when equipment fails to meet legal standards, significantly weakening the prosecution’s case.
Errors in Blood or Urine Tests
Blood and urine testing must follow strict procedures to prevent contamination or degradation of evidence. Chain of custody records track all individuals who handle the sample. Gaps in the chain of custody can raise questions about whether a result is tainted.
Labs must store and analyze samples correctly. Blood requires proper refrigeration and prompt testing to avoid changes in alcohol content. Defense attorneys examine laboratory and medical procedures, including sanitation practices, to identify mistakes that could lead to inaccurate blood alcohol content readings.
Not Properly Read, or Not Read Miranda Rights
Officers must inform individuals of their Miranda rights before conducting an interrogation. These rights include the right to remain silent and the right to have legal counsel present.
Statements made during police questioning without proper Miranda warnings become inadmissible in court. Defense lawyers analyze the timing and circumstances of questioning to determine whether Miranda violations may have occurred. A court may suppress statements obtained during improper questioning and eliminate crucial evidence that prosecutors need to prove their case.
Insufficient Evidence
Prosecutors must prove every element of a drunk driving charge beyond a reasonable doubt. Some cases rely on an officer’s field observations of a driver’s impairment, especially if the driver refused testing.
A DUI defense attorney can challenge these subjective assessments, showing medical conditions, fatigue, nervousness, or injuries can mimic impairment. Poor field sobriety test results may stem from physical limitations, uneven surfaces, or confusing instructions. Highlighting these factors can help create reasonable doubt and prevent an unjust drunk driving conviction.
How Can a South Carolina DUI Defense Lawyer Help Me with My DUI Charges?
A DUI defense attorney can guide you through every step of the legal process. The attorney will investigate your arrest by reviewing police reports, examining video evidence, interviewing witnesses, and inspecting the scene of the traffic stop. Attorneys spot inconsistencies or errors that may support dismissal or reduced charges.
Criminal defense attorneys protect your rights by challenging improper stops, illegal searches, or interrogations. The attorney can file motions to suppress evidence that was obtained illegally. Lawyers also handle communications with prosecutors, negotiating on your behalf to avoid unfavorable plea deals.
Which is More Likely, a Reduction or a Dismissal of Charges?
Reductions of charges occur more frequently than dismissals in South Carolina DUI cases. Dismissals often involve substantial legal issues that prevent the prosecution from proving guilt.
These situations arise less often than circumstances supporting negotiated pleas to reduced charges. However, every case presents unique facts and circumstances. A thorough evaluation by a DUI defense lawyer determines which outcome is realistically achievable based on the specific evidence and circumstances of your arrest.
Does South Carolina Have Alternatives to a DUI Conviction?
First-time offenders may be eligible for pretrial treatment programs in certain South Carolina jurisdictions. These programs enable defendants to complete community service, attend alcohol rehab and treatment, and fulfill other requirements instead of facing prosecution.
Successfully completing the treatment program results in dismissal of DUI charges. Eligibility requirements vary by county and depend on factors such as prior criminal record and the circumstances of the arrest. A defense attorney can help a client with the application process.
Contact a South Carolina DUI Defense Lawyer Near You
McKinney, Tucker & Lemel LLC has served York County and Lancaster County since 1977. A DUI defense lawyer can review your case and discuss the defense options to pursue a reduction or dismissal of DUI charges.
See how we’ve guided clients through tough legal challenges by reading our client testimonials. Reach out for a consultation to discuss your DUI case and available defense strategies.
