State law imposes strict penalties for DUI convictions. However, with the help of a knowledgeable DUI lawyer, you could use a variety of defenses to challenge your charges.
Attorney Christopher L. Jones has a comprehensive understanding of the common DUI defenses in Greenville used to reduce or eliminate the adverse consequences of alcohol or drug-impaired driving charges. Schedule a consultation today to explore which defense could achieve the best outcome for your case.
What Are Common DUI Defenses?
Due process rights and the laws that govern the collection and use of evidence in Greenville are the foundation of the common defenses against DUI charges. An experienced criminal defense lawyer could protect your rights by:
- Questioning whether the arresting officer had probable cause to stop you, ensuring evidence collected during an illegal stop is excluded from a subsequent trial
- Verifying that the officer had proper training and skills to conduct field sobriety tests
- Analyzing the results of your breath test and blood alcohol concentration tests and challenging their accuracy if suspicious
- Confirming that any search warrants for your vehicle were valid, conducted correctly, and supported by legitimate affidavits
- Forcing prosecutors to prove each element of your DUI indictment beyond a reasonable doubt
- Ensuring that the jury understands its role and any instructions issued by the trial judge
A dedicated attorney may also identify defenses that are unique to your specific case. During your initial consultation at Chris Jones Law, I could explain these defense strategies and help you determine whether to challenge your DUI charges at trial.
State Law Requires DUI Stops To Be Videotaped
Recent changes to state motor vehicle laws require arresting officers and other law enforcement personnel to record all interactions with a DUI suspect on a body camera or other recording device. You may be able to defend against alcohol or drug-impaired driving charges if the officer failed to turn on a recorder at the outset of your vehicle stop, or did not properly record your field sobriety tests, your arrest, or the reading of your Miranda rights.
The recording obligation continues through all aspects of subsequent tests and data collection. However, an officer may attempt to avoid this obligation by arguing that their video equipment was broken or that emergency conditions precluded efforts to make a recording. Your Greenville attorney could scrutinize all recordings or excuses for not making a recording to assess whether failure to record could be used as a defense in your DUI case.
Understanding Consent and a Refusal To Submit to Sobriety Testing
Under state law, a driver who is stopped for a suspected DUI offense is deemed to have consented to providing blood, urine, and breath tests if the arresting officer has probable cause to initiate a stop. Refusing to submit to a breath test will result in an automatic six-month suspension of your driver’s license.
Your Greenville lawyer may be able to employ frequently used defenses to preclude DUI test results from being admitted into evidence in any subsequent court case if you agreed to sobriety testing. You could protect your rights after arrest by retaining a criminal defense lawyer from Chris Jones Law, who has the knowledge and expertise to achieve a favorable outcome for your case.
Contact a Greenville Lawyer for Help Understanding the Common Ways To Defend Against DUI Charges
As a former South Carolina prosecutor and former municipal court judge, I have the knowledge and experience needed to employ both the more common and less common DUI defenses in Greenville to challenge and reverse adverse outcomes on behalf of my clients. Contact Chris Jones Law today for professional and aggressive legal representation in your alcohol or drug-impaired driving case.
