Challenge Your DWI / DUI in South Carolina


Rules Governing Drunk Driving South Carolina


If you have been arrested for DUI or DWI in South Carolina, it is important to hire an attorney to fight for you. By hiring an experienced drunk driving defense lawyer, who can protect your rights, your case may be defendable. Everett Law Firm, P.A. has quality attorneys that will provide you with the individual attention that you deserve. Contact our South Carolina branch today by email or by phone toll-free at (800) 942-8048.


Among the many challengeable areas that the criminal defense attorneys at Everett Law Firm will meticulously dissect are:  1) whether or not you were legally detained and arrested, 2) the amount of time which passed between when you were arrested for your DWI/DUI and when you were tested for alcohol or drugs, and 3) whether or not the person was given a written copy of and verbally informed of the rights enumerated under South Carolina Code and that this was videotaped for your later review. Most importantly, our attorneys, when examining your DWI/DUI citation, will make sure that you properly consented to a test of the breath, that the test was properly administered by a person authorized to test the breath for DUI/DWI purposes, and that the machine was properly calibrated and tested before use in accordance with South Carolina DUI and DWI Code.

Our criminal defense attorneys understand the nuances of all these challengeable areas of the law and will use every tool available to them to render any evidence obtained by unfair police practices unusable at trial, to suppress those fruits of the poisonous tree, and to present to the courts a picture of an upstanding citizen who was victimized by an officer who was unaware of the boundaries which have been placed upon him by the Supreme Court of South Carolina and the Supreme Court of the United States.    

The only things that are guaranteed if you appear without an attorney in a DWI/DUI trial and conviction is that you will lose your license, pay heavily punitive fines, and see your insurance triple.  The criminal defense attorneys at Everett Law Firm understand that in these tough economic times, you need to have a reasonable, hard-working, and dedicated attorney on your side representing your best interests at trial for a DWI/DUI citation doing everything they can to help alleviate some of the economic pain being levied upon you by the State of South Carolina.

The criminal defense attorneys of Everett Law Firm are always available to those who have been issued a citation for Driving Under the Influence or Driving While Impaired (DUI/DWI) in all of greater Horry County to include Myrtle Beach and North Myrtle beach.  Please call to schedule a free initial consultation.


It is a good idea to go through this list and see if any of these things apply to your specific situation. If you find that certain aspects, listed below, apply to your case, inform your attorney, as these defenses can be used by your lawyer to help you with your DUI case.

ILLEGAL STOP OF PERSON OR VEHICLE IN MYRTLE BEACH, SOUTH CAROLINA

An officer cannot stop a driver, unless the officer has a reasonable and articulate basis to think that a traffic law or any other law has been violated. Similarly, a person cannot be seized unless there is an occurrence of a violation.

WEAVING WITHIN THE LANES IS NOT ILLEGAL IN MYRTLE BEACH, SC

Weaving without crossing any lines or lanes is not a violation of the law. Thus any vehicle weaving within the lanes cannot be stopped legally stopped for that reason..

ANONYMOUS REPORT OF DRUNK DRIVING IN MYRTLE BEACH, SOUTH CAROLINA

A car cannot be stopped by the police on that basis of an anonymous citizen who reported that the driver was drunk or drinking and driving.

STANDARD FIELD SOBRIETY TESTING IS INACCURATE IN MYRTLE BEACH, SC

For healthy individuals: one-leg stand test 65% accurate; walk-and-turn test 68% accurate, when determining if a person is under the influence. Individuals that have injuries, certain medical conditions, are 50 pounds or greater overweight, or are 65 years or older cannot be validly judged by these tests.

NON-STANDARDIZED FIELD TESTS ARE INVALID IN MYRTLE BEACH, SC

Neither the Federal Government nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.

BREATH TESTING IS INACCURATE IN MYRTLE BEACH, SOUTH CAROLINA

Virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s +/- 12.5%, non-specificity for ethanol, etc.

BOOKING ROOM VIDEOS IN MYRTLE BEACH, SOUTH CAROLINA

Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.

IN-SQUAD VIDEOS IN MYRTLE BEACH, SOUTH CAROLINA

More often than in the past, a suspect's driving and performance on field tests is being recorded, which often contradicts police testimony.

FAILURE TO PROVIDE SPEEDY TRIAL IN MYRTLE BEACH, SOUTH CAROLINA

If a client is not provided with a trial within a certain period of time (the period of time varies depending on the state where the offense was committed), through delays of the court or prosecutor, the charges must be dismissed.

POLICE BLOOD TEST INACCURATE IN MYRTLE BEACH, SOUTH CAROLINA

Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.

HOSPITAL BLOOD TEST INACCURATE IN MYRTLE BEACH, SOUTH CAROLINA

Hospital blood tests overestimate a person's true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.

BREATH TEST OPERATOR UNLICENSED IN MYRTLE BEACH, SOUTH CAROLINA

Most states require a Breath Test Operator to possess a valid, unexpired operator's license, or the breath test result is inadmissible.

BREATHALYZER MACHINE MALFUNCTIONS IN MYRTLE BEACH, SOUTH CAROLINA

Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspect's breath test, the results of the suspect's test are presumed invalid.

BREATH TEST OPERATOR LICENSE EXPIRED IN MYRTLE BEACH, SC

Most states require that a Breath Test Operator must possess an unexpired operator's license, or the breath test result is inadmissible.

BREATH TEST DEVICE NOT APPROVED IN MYRTLE BEACH, SOUTH CAROLINA

A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.

FAILURE TO PROVE DRIVING UNDER THE INFLUENCE IN MYRTLE BEACH, SC

A defendant's admission to driving, without more, does not prove a charge of driving under the influence.

INDEPENDENT WITNESSES IN MYRTLE BEACH, SOUTH CAROLINA

Often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant's sobriety.

FAILURE TO MIRANDIZE IN MYRTLE BEACH, SOUTH CAROLINA

Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED IN MYRTLE BEACH, SC

According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.

OFFICER'S PRIOR DISCIPLINARY RECORD IN MYRTLE BEACH, SOUTH CAROLINA

A police officer's previous disciplinary record can be used to attack the officer's credibility.

PORTABLE BREATH TEST INADMISSIBLE IN MYRTLE BEACH, SOUTH CAROLINA

Most states prohibit the use of portable breath testing results as evidence at trial in a DUI case.

PORTABLE BREATH TEST IMPROPERLY ADMINISTERED IN MYRTLE BEACH, SC

The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature.

FAILURE TO CONDUCT OBSERVATION PERIOD IN MYRTLE BEACH, SC

Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid.

EXPERT WITNESSES

Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests.

MEDICAL AND HEALTH PROBLEMS IN MYRTLE BEACH, SOUTH CAROLINA

Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.

BAD WEATHER IN MYRTLE BEACH, SOUTH CAROLINA

Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.

LACK OF PROBABLE CAUSE TO ARREST IN MYRTLE BEACH, SOUTH CAROLINA

A police officer must have specific and particular facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.

ILLEGAL SEARCH

The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver's consent or probable cause. Any evidence illegally obtained is not admissible in court.

PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS

Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer's credibility.

POST-DRIVING ABSORPTION OF ALCOHOL IN MYRTLE BEACH, SOUTH CAROLINA

The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.

INTERFERING SUBSTANCES IN MYRTLE BEACH, SOUTH CAROLINA

Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.

BREATH MACHINE NOT PROPERLY OPERATED IN MYRTLE BEACH, SC

The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.

FAILURES TO PRODUCE DISPATCH TAPES IN SOUTH CAROLINA

Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence, which could have been recorded to be suppressed.

MISLEADING STATEMENTS BY POLICE OFFICERS IN MYRTLE BEACH, SC

Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver's record.

STATUTES OF LIMITATIONS IN MYRTLE BEACH, SOUTH CAROLINA

A misdemeanor charge of DUI must be filed within a certain period of time (which varies between states) of the date of offense, or the charges will be dismissed outright.

PRIVATE PROPERTY IN MYRTLE BEACH, SOUTH CAROLINA

A person who has not driven the car on a public highway cannot be suspended for driving drunk.

FAILURE TO DISCLOSE EXPERTS IN MYRTLE BEACH, SOUTH CAROLINA

The disappointment of the prosecutor to disclose the state's experts will cause those witnesses to be barred from testifying against the defendant.

LACTATE RINGERS IN MYRTLE BEACH, SOUTH CAROLINA

When hospital staff use lactate ringers during the care of a patient, the hospital blood serum consequences will report falsely elevated, and therefore invalid, readings.

FAILURE TO RECORD CERTIFICATION TESTS IN MYRTLE BEACH, SC

The failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.

FORCED BLOOD DRAWS IN MYRTLE BEACH, SOUTH CAROLINA

In some states, the police may not perform a blood test against the driver's consent where an injury has not occurred, or the result is inadmissible.


Everett Law Firm, P.A.

To obtain more information about your case and how the Everett Law Firm, P.A. can put their experience to work for you, contact our office using any of the mediums below.

Address::

South Carolina Office:
14323 Ocean Highway
Suite 4117
Pawleys Island, SC 29585

Toll Free:: 800.942.8048

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