Challenging a DUI Charge

Seeing blue flashing lights in your rearview mirror is a moment every driver dreads. Being pulled over by police is stressful enough, but if it’s late at night or early in the morning, many drivers assume the stop could lead to an investigation for driving under the influence (DUI).

DUIs in South Carolina carry serious consequences that can impact nearly every aspect of your daily life, from your ability to drive to your employment and finances. While DUI laws are strict, it is equally important that your rights are protected. In fact, South Carolina has specific requirements that must be met for a DUI conviction to stand. If law enforcement fails to follow proper procedure, your case could be dismissed.

If you’re facing a DUI in Greenville, Spartanburg, or anywhere in the Upstate of South Carolina, here’s what you need to know about challenging these charges.

South Carolina DUI Laws

Like other states, South Carolina makes it illegal for drivers over the age of 21 to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Key points of South Carolina DUI law include:

• Underage DUI: Drivers under 21 can be arrested for any amount of alcohol in their system.

• Implied Consent: By holding a South Carolina driver’s license, you automatically consent to provide a breath, urine, or blood alcohol test if stopped for suspected DUI.

• Refusal Penalties: Refusing a test does not prove guilt but will result in an automatic license suspension. You do have the right to challenge this suspension through an administrative hearing (must be requested within 30 days).

• Video Recording Requirement: South Carolina law requires that DUI arrests, including the stop, reading of Miranda rights, and breath tests, be video recorded. Audio alone is not sufficient, and strict rules dictate how and where the camera must be pointed. Failure to meet these requirements may result in your case being dismissed.

Grounds to Challenge a DUI Charge

A DUI charge does not guarantee a conviction. With the help of a criminal defense lawyer in Greenville or Spartanburg, SC, you may be able to challenge the evidence against you. Common defenses include:

• Improper traffic stop: The officer did not have reasonable suspicion or grounds to pull you over.

• Testing errors: Breath or blood tests were not properly administered, were done outside the required two-hour timeframe, or were conducted by an unqualified officer.

• Failure to read Miranda rights: If police did not inform you of your rights, the case may be weakened.

• Improper video evidence: If the mandatory video recording of the stop and testing is incomplete or improperly conducted, the case could be dismissed.

Each of these defenses relies on close review of the facts, the arrest procedure, and the evidence gathered by law enforcement.

Why Legal Representation Is Crucial For a DUI Charge In South Carolina

Criminal charges should always be taken seriously, but DUI charges in South Carolina come with especially harsh consequences. A conviction can result in:

• License suspension (making it difficult to get to work or school)

• Heavy fines and court costs

• Possible jail time

• A permanent criminal record

For these reasons, it’s essential to work with a DUI defense attorney in Greenville or Spartanburg who understands South Carolina DUI laws and the technical requirements that must be met for a valid conviction.

Protect Your Rights with Ellis Law

If you have been arrested for DUI in South Carolina, you do not have to face this process alone. At Ellis Law, we understand what is at stake and know how to challenge DUI charges on behalf of our clients.

Criminal Defense and DUI Lawyer, Zach Ellis, has years of experience representing individuals in Greenville, Spartanburg, and across the Upstate. From challenging improper stops to questioning the reliability of DUI testing, Zach works tirelessly to defend your rights and protect your future.

Contact Ellis Law today for a free, confidential consultation with a DUI lawyer in Greenville or Spartanburg, SC. Call us at 864-991-8738.