DUI Defense Lawyer in Conway, SC
DUI defense in South Carolina is a complex and specialized area of law that includes the defense of driving under the influence (DUI) charges, driving with an unlawful alcohol concentration (DUAC), and felony DUI with death or with great bodily injury. A DUI charge in South Carolina also may result in an administrative license suspension unless you act immediately following your arrest.
A successful DUI defense requires an understanding of a variety of scientific issues and how they intersect with the legal issues that may be found in each case. A DUI defense practitioner must be able to identify and challenge common legal issues such as Fourth Amendment search and seizure violations, probable cause, Miranda violations, and denial of counsel issues, as well as DUI-specific legal issues such as suppression of blood or breath test results, suppression or redaction of dash cam videos, and suppression of field sobriety test results.
In DUI cases, these legal issues often intersect with and require expertise in scientific areas such as anatomy, physiology, biology, chemistry, and toxicology. A DUI defense lawyer must understand the operation of breath testing equipment and how blood samples are analyzed in a forensics lab.
By arguing motions pre-trial, a DUI defense attorney may be able to win a dismissal of your charges before trial begins or suppress key evidence that the prosecutor would use at trial.
When pre-trial motions fail, your DUI lawyer must have the skill and knowledge required to present your case to jurors, attack the field sobriety tests, and challenge blood and breath test results. Your attorney must have the skill and knowledge to cross-examine police officers and the prosecution’s expert witnesses such as toxicologists. Your attorney must know when to use defense expert witnesses and when to advise you to testify in your own defense.
Under South Carolina’s DUI laws, the officer’s dashcam video must begin no later than the activation of the officer’s blue lights and continue through the arrest. The video is critical to your case because it may be the state’s best evidence of intoxication or it may be your best evidence of sobriety.
In some cases, the officer’s failure to record the complete field sobriety tests, Miranda warnings, or other details that are mandatory in the DUI laws will result in a dismissal of your case. In other cases, missing details in the video or the officer’s failure to follow SLED regulations can result in suppression of the video or breath test results.
Contact Johnny Gardner Now
If you have been charged with DUI or DUAC in Myrtle Beach, Conway, or anywhere in the Horry County area, contact DUI Defense Lawyer Johnny Gardner today for a free consultation to find out how we can help.