Driving under the influence (DUI) charges are more than an inconvenience. They can affect your driver’s license, your career and even your freedom. Defending against a DUI charge often seems difficult. People assume that a failed breath test will make a defense almost impossible.
Truthfully, there are numerous possible strategies that have historically proven successful for people trying to fight back against South Carolina DUI charges. What are some of the more popular strategies?
Challenging the traffic stop
Police officers don’t always have a valid reason to pull someone over. Without the probable cause of a primary traffic infraction, a traffic stop could actually be a violation of your civil rights. If you can show that the officer did not have a reason to stop you, any evidence obtained during the traffic stop may be inadmissible in court.
Challenging the breath test
There is a considerable evidence that chemical breath tests return inaccurate results frequently. Individual police officers can make mistakes while administering the test. The department that owns the testing units may fail to properly maintain or calibrate the devices. Even failing to install software updates could affect how accurate and reliable the test results are.
Did you swerve while driving because your passenger spilled their hot beverage in your lap? Were you just trying to avoid hitting a squirrel? Do you have a medical condition that may have affected your performance on the field sobriety test or breath test? If you have a plausible alternative explanation for the evidence against you, you may be able to avoid a conviction. Understanding potential DUI defense strategies can help you better respond to your own upcoming charges.