How do DUI defense attorneys stay current on the law?
DUI law in South Carolina is ever-changing as the legislature passes new laws, the legislature amends old laws, new appellate opinions are decided by the SC Court of Appeals, SC Supreme Court, or the federal courts, new technologies appear, and new trial techniques are developed by the country’s top DUI defense attorneys.
How do DUI lawyers keep up? And how can we use the newest laws and technology to help our clients win their cases?
Apart from trying cases, networking, and conducting research for our clients, we regularly attend training seminars that are specific to the defense of DUI cases and provide updates in DUI law, like NACDL (the National Association of Criminal Defense Lawyers) and NCDD’s (the National College of DUI Defense) annual “DWI Means Defend with Ingenuity” conference that I attended last weekend in Las Vegas, Nevada.
At these seminars, we focus on cutting-edge DUI defense topics like:
Becoming the NHTSA Expert in the Courtroom
If we are going to have a chance at winning a DUI trial for our client, we must be “the expert” in the room when it comes to technical issues like:
- How to conduct and evaluate standardized field sobriety tests (SFSTs) on the roadside,
- How drug recognition experts (DREs) use (and misuse) the DECP, ARIDE, and DRE methods,
- When the methods used by the witness were flawed and should be excluded by the judge or discounted by the jurors,
- How the Datamaster (breathalyzer) machine works and when the results are flawed or untrustworthy, and
- Countless other technical or specialized issues that are specific to or may arise during the course of a DUI trial.
Winning DUI Trials with Voir Dire
When we attend national seminars, there are always “break-out sessions” on how defense attorneys can conduct voir-dire not just to exclude undesirable jurors, but to “form a tribe” with the remaining jurors, bond with those jurors, and provide them a framework for how to interpret the facts of the case before the trial even begins.
We don’t have attorney-conducted voir dire in South Carolina, but there are ways to incorporate similar methods into our opening statements, cross-examinations, and direct examinations.
If you are a South Carolina DUI lawyer who tries cases, what if you conduct voir dire in your opening statement? Have you ever had a juror speak to you during your opening statement? What court rule prohibits you from asking a question and a juror from answering that question during the opening statement?
Cross-Examining the Breath Test Experts
You cannot effectively cross-examine a breath test technician or chemist from SLED (South Carolina Law Enforcement Division) unless you know at least as much as they do about 1) the subject matter and 2) the case – that means taking yourself to school to learn how the tests are administered, how the results are interpreted, the science and theory behind the various tests, and, most importantly, the facts of your client’s case.
DRE and the ARIDE Drug Symptomology Chart
“Drug Recognition Experts” are law enforcement officers who receive specialized training to recognize drug impairment as opposed to alcohol impairment, including:
- DRE training, which includes a 12-step protocol to assess whether a person is under the influence of drugs, alcohol, or both, and
- ARIDE training – “Advanced Roadside Impaired Driving Enforcement,” which includes training on drug classifications and symptoms, SFSTs, and “how to testify” in the courtroom.
Discovery in DUI Cases
DUI cases involve specialized issues that are different from every other type of criminal case, including:
- Use of specialized technology that is specific to DUI enforcement,
- Use of specialized techniques like standardized field sobriety tests and DRE protocols, and
- A body of DUI law that is specific to DUI prosecutions and defense.
Because of this, discovery motions filed by DUI attorneys must be DUI-specific and tailored to request and receive the documents, audio, video, and other records that can prove your client’s innocence or provide evidence of mistakes that the officers made during the arrest or investigation.
When the state doesn’t turn over the information requested, DUI attorneys must often file follow-up, specific supplemental discovery motions and motions to compel to force the state to either provide the materials or say – on the record – why they are not providing the materials.
Pretrial Motions Practice in DUI Trials
Pretrial motions, including motions to exclude evidence and motions to dismiss based on violations of SC’s mandatory videotape laws, are critical in DUI trials.
Pretrial motions can shape the trial, limiting the testimony or evidence, or they can end the trial with a dismissal based on insufficient evidence.
Negotiation Skills
How do you negotiate a dismissal of your DUI charges?
When you are charged with DUI, a trial is not the most likely outcome. Nevertheless, if you are going to have any chance of your charges getting dismissed, reduced, or favorably resolved before trial, your attorney must:
- Investigate your case, gathering information from all available sources, including the prosecutor, law enforcement, and SLED’s database,
- Research the applicable law, including statutes, SLED regulations, and case law,
- Draft and file any applicable pretrial motions to exclude evidence or testimony, and
- Prepare your case for trial.
In many cases, when a prosecutor sees that a judge could dismiss your case or there will be insufficient evidence to prosecute, then they will be willing to negotiate a dismissal or reduction of charges.
DUI Lawyers in Conway, SC
If you have been charged with DUI, DUAC, or another DUI-related offense in Myrtle Beach, Conway, or anywhere in the Horry County area, you may have valid defenses to the charge, or there may be grounds to get your case dismissed. You may also have strict deadlines to request an administrative hearing if you have an implied consent suspension…
Contact Conway, SC, DUI Lawyer Johnny Gardner now at (843) 248-7135 for a free consultation to find out how we can help.
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