What Are the Odds of Getting a DUI Dropped in South Carolina?

If the police have accused you of driving under the influence (DUI) in South Carolina, you might be wondering about your chances of getting the charges dropped.

While we wish we could provide a clear-cut percentage, the reality is that every situation is different. Ultimately, the decision to drop a DUI charge rests solely with the prosecutor.

However, our DUI attorneys may be able to identify weaknesses in the case against you and negotiate with the prosecutor to increase the likelihood of a dismissal or favorable plea bargain. For a more accurate assessment of your chances and to discuss potential strategies, contact our DUI lawyer, who can evaluate your circumstances.

South Carolina DUI Laws and Penalties

In South Carolina, it is illegal to operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher and include the following penalties under S.C. Code § 56-5-2930.

First offense

• BAC < 0.10%: $400 fine or 48 hours to 30 days imprisonment (or 48 hours public service).
• BAC 0.10% – 0.16%: $500 fine or 72 hours to 30 days imprisonment (or 72 hours public service).
• BAC ≥ 0.16%: $1,000 fine or 30 to 90 days imprisonment (or 30 days public service).

Second offense

• BAC < 0.10%: $2,100-$5,100 fine and five days to 1 year imprisonment.
• BAC 0.10% – 0.16%: $2,500-$5,500 fine and 30 days to 2 years imprisonment.
• BAC ≥ 0.16%: $3,500-$6,500 fine and 90 days to 3 years imprisonment.

Third offense

Fourth or subsequent offense:

• BAC < 0.10%: 1 to 5 years imprisonment.
• BAC 0.10% – 0.16%: 2 to 6 years imprisonment.
• BAC ≥ 0.16%: 3 to 7 years imprisonment.

Additionally, all offenders must complete an Alcohol and Drug Safety Action Program, with costs not exceeding $500 for education, $2,000 for treatment, and $2,500 in total.

Challenging Breathalyzer Results and Field Sobriety Test

One strategy for getting a DUI charge dropped is to challenge the accuracy of breathalyzer results and field sobriety tests.

Calibration defense

Training professionals must calibrate and administer breathalyzer devices correctly to ensure accurate readings.

If errors occur in the calibration or administration process, the results may be inadmissible in court.

Sobriety test defense

Similarly, field sobriety tests, such as the walk-and-turn or one-leg stand, are subjective and can be influenced by factors like physical limitations or nervousness.

An experienced South Carolina DUI defense attorney can examine the evidence and identify potential weaknesses in the prosecution’s case.

Proper Police Procedure and Constitutional Rights

Another factor that impacts the odds of getting a DUI dropped is whether the police followed proper procedures during the arrest.

Probable cause defense

Law enforcement officers must have probable cause to stop your vehicle and administer sobriety tests.

You may suppress the collected evidence when it lacks sufficient justification or violates your constitutional rights during the stop.

Common constitutional rights violations in DUI cases include:

• Unlawful search and seizure
• Failure to read Miranda rights
• Coerced confessions

A skilled criminal defense attorney can argue for the dismissal of your charges when law enforcement violates your rights during the DUI arrest.

Plea Bargaining and Charge Reduction Options

Sometimes, negotiating with prosecutors for reduced charges may be the best option.

Plea bargaining involves agreeing to plead guilty to a lesser offense, such as reckless driving, in exchange for dismissing the DUI charge.

Factors that influence the success of plea bargains include:

• The strength of the prosecution’s evidence.
• Your criminal history and prior DUI convictions.
• The willingness of the arresting officer to testify.

While accepting a plea deal may result in a conviction, it can help you avoid the more severe DUI penalties.

DUI Diversion Programs in South Carolina

South Carolina offers DUI alternative sentencing programs for eligible first-time offenders that typically include education, substance abuse treatment, and community service.

You must meet specific criteria to qualify, such as having no prior DUI convictions and a BAC below a certain level.

Completing a diversion program leads to a DUI charge dismissal, allowing you to avoid a conviction on your record.

However, exploring the consequences of accepting a diversion program with your lawyer is wise.

Why DUI Defense Attorneys Are Important

Managing DUI legal affairs can be overwhelming, especially when facing serious allegations.

Hiring an experienced South Carolina DUI defense lawyer improves your chances of getting your charges dropped significantly.

Your skilled legal counsel will:

• Thoroughly investigate your case
• Identify weaknesses in the prosecution’s evidence
• Negotiate with the state for reduced charges or dismissal
• Represent you in court and protect your rights

While hiring a private criminal defense lawyer may involve costs, the long-term benefits of avoiding a conviction often outweigh the expense.

DUI Expungement in South Carolina

If you cannot get your DUI charges dropped, you may be eligible for expungement later.

Expungement removes a conviction from your criminal record, making it invisible to most background checks.

In South Carolina, you may qualify for DUI expungement if:

• You have no prior DUI convictions
• You successfully complete a diversion program
• A specified amount of time has passed since your conviction

Expunging a DUI can open up new opportunities for employment and housing and provide a fresh start.

Managing the South Carolina DUI Court Process

When facing a DUI charge in South Carolina, it’s important to understand the court process and timeline, which holds the following procedures:

• Arrest and booking
• Initial appearance
• Pretrial hearings and motions
• Plea bargaining
• Trial
• Sentencing

Your DUI law firm may negotiate with prosecutors for a plea bargain, procure alternative sentencing, or prepare for trial at any time during the above proceedings.

Exploring Alternatives to DUI Conviction

Sometimes, alternatives to a DUI conviction help you avoid the most severe consequences.

Deferred adjudication

A type of plea deal that allows you to complete specific requirements, such as probation or treatment, in exchange for the dismissal of your charges upon successful completion.

Pretrial intervention programs

Like diversion programs, these initiatives focus on education and rehabilitation rather than punishment.

Alcohol education and treatment

Demonstrating a commitment to addressing any underlying substance abuse issues can sometimes lead to more lenient sentencing or dismissal of charges.

Community service

Engaging in volunteer work or other community-based activities may be considered a mitigating factor in your case.

Why Proper Evidence Handling in DUI Cases Is Important

The handling and processing of evidence significantly impact the outcome of your DUI case and play a role in determining the strength of the prosecution’s case.

• Chain of custody for blood and urine samples.
• Calibration maintenance records for breathalyzers.
• Video and audio recordings of the arrest.
• Witness statements and police reports.

An experienced Rock Hill DUI defense lawyer will closely examine these elements to identify any inconsistencies or improper procedures that could lead to the dismissal of your charges.

Far-Reaching Impacts of DUI Convictions

Beyond the immediate legal consequences, a DUI conviction usually has long-lasting ramifications on several parts of your life.

Increased insurance premiums

A conviction often causes your car insurance rates to skyrocket, putting a strain on your finances for years.

Difficulty securing employment

Many employers conduct background checks. So, a DUI conviction makes it challenging to find work, especially in distinct industries.

Professional license suspensions

If you hold a professional license, such as a medical or legal certification, a DUI conviction may lead to disciplinary action or even suspension of your license.

Travel restrictions

Some countries may deny entry to individuals with DUI convictions, limiting your ability to travel for personal or professional reasons.

Don’t Let a DUI Derail Your Life

The odds of getting a DUI dropped in South Carolina depend on several factors, including the strength of the evidence, the circumstances of your arrest, and the expertise of your legal representation.

Understanding your rights and working with a skilled DUI defense attorney improves your chances of achieving a favorable outcome.

Take action today by contacting Okoye Law in South Carolina.

Our experienced attorneys will review your case, discuss your options, and develop a defense strategy to fight for your rights and freedom.