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Defend against a South Carolina DUI charge

South Carolina drivers arrested on DUI charges will be pleased to hear that a DUI arrest, even if it comes with a breathalyzer test that seems to prove a high alcohol content, will not necessarily result in a DUI conviction. Indeed, it is important to remember that breathalyzer tests results are not always accurate, and state courts are fully aware of this fact.

According to South Carolina DUI law, for example, a failed breathalyzer test is not sufficient evidence to prove someone is guilty of drunk driving. State prosecutors must also show evidence of impairment. This is why police submit drivers to field sobriety tests and take detailed notes with regard to the outward behavior and appearance of drivers.

At the Lord Law Firm, we are committed to defending drivers who have been accused of DUI, and we are highly experienced in dealing with breathalyzer test evidence, which can sometimes be thrown out as inadmissible, so that it cannot be used against the accused. When this is achieved in a case, it can make the prosecution's DUI case more difficult to prove, and it may result in a driver getting a verdict of not guilty and/or getting the DUI charges dropped or dismissed.

All this said, just like a breathalyzer test is not sufficient evidence to result in a conviction, it is also not required to obtain in a conviction. As such, a DUI defense attorney must also focus on other types of evidence, like sobriety test results and descriptions of the accused driver's outward appearance in his or her efforts to prevent a conviction.

If the DUI evidence -- including witness testimony, officer reports, breathalyzer and sobriety test results -- are not in the driver's favor, and it appears that a conviction is eminent, then the driver might try to arrange a plea bargain with the prosecution in exchange for reduced punishments. A plea bargain usually involves pleading guilty to one or more charges in a deal to get lesser penalties at the time of conviction.

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