We’ve all been there. Where we’ve had a couple beers at dinner, we’re feeling pretty good, but we ate right? So, we should be good to drive. Unfortunately drinking on a full stomach doesn’t stop you from being drunk, even though you might think it dulls the affects. The fact is, the alcohol content in your blood stream is the same regardless of what you ate, and if you are pulled over for a DUI, you’re going to need a much better defense to get the charge thrown out. A DUI attorney is a great place to start to learn more.
In South Carolina, the penalties for a first time DUI are harsh. Automatic suspended license, ignition interlock system required, fines, possible jail time, and sometimes community service can all be handed down by a judge. For many first time DUI offenders, judges are no longer being lenient. Proving you were not impaired and having a DUI thrown out is difficult, especially if you took the BAC test when pulled over (refusing results in an automatic 6-month suspension through the DMV). However, there are a few ways that A DUI attorney can help you have the charge thrown out including:
- Proving the erratic driving was a result of a mechanic defect in the vehicle, due to road conditions such as rain, potholes, or ice, or a momentary distraction such as an animal darting into the road.
- Indicators of intoxication such as slurred speech or red eyes was due to medical impairment such as allergies, recent dental surgery, a tongue piercing, poor balance, or other issue such as over-tiredness.
- Field sobriety test failed due to footwear or road condition and officer not allowing driver to take shoes off such as a woman wearing stiletto heels taking a test on a gravel road which could cause stumbling or lack of balance.
If you were pulled over for a DUI and arrested because you refused the BAC test, make sure you contact a DUI attorney immediately to go over your options for defense.
The Law Office of Peter David Brown, P.A. can help with your DUI case today if you call 843-202-4548.