Your DUI Rights in Charleston
Remember, you are innocent UNLESS you are proven guilty!
(Not UNTIL, as most people often say)
The legal presumption is that you are innocent, not guilty. That is the Jury charge that will be read to the jury if your matter proceeds to a Jury Trial.
The State is required to prove every aspect of their case against the defendant driver
This is actually much harder than it appears. A DUI is not a “slam dunk” in most instances. An experienced DUI Defense Attorney can identify the flaws and “Fatal Flaws” that can be pointed out to the judge in the form of Motions to Dismiss or Motions to Suppress. A skilled and well-read DUI Defense Attorney will be familiar with the most recent Court of Appeals and Supreme Court decisions regarding the key elements of a DUI arrest.
We combine the specific circumstances of your arrest, whether it is the result of a roadblock (“license checkpoint”), a single or multiple car accident, a speeding stop, an anonymous caller, etc. and integrate our specified knowledge of the law surrounding such stops, in an effort to prevent the admission of the State’s evidence to prosecute you.
The State, City or Municipality will have their own attorney, known as a prosecutor or assistant solicitor who will be working to convince the judge that all of the evidence is admissible and should be allowed to be introduced in order to help convict you of the DUI charge.
Don’t you think you need an attorney to represent your best interests?
This office has challenged hundreds of DUIs throughout the State and in the Charleston area for nearly thirty (30) years. Peter David Brown is a member of the nationally recognized National Association of DUI Defense Attorneys, Inc. He attended the National College for DUI Defense in the Summer of 2001. He also successfully completed the National Criminal Defense College held at Mercer Law School in 1991. Mr. Brown is also a long-standing member of the South Carolina Association of Criminal Defense Lawyers.
We help you recognize and assert your constitutional rights as a DUI Defendant. As our client, you will have the opportunity to review all of the State’s evidence against you. This includes checking items that an unrepresented client would not even know existed; such as the requesting of repair records of the specific machine used for the measurement of your breath sample.
- We download and meticulously review the DataMaster Room video tape.
- We specifically request any and all In Car and body camera Videos of the arrest from the scene.
- We carefully review each Field Sobriety Test performed and determine its admissibility based on the administration of that test compared to what is specifically required by the National Highway and Traffic Administration’s Standards for roadside testing.
- If the officer has “materially modified” a test administered to a suspected DUI driver, to the degree that the validity of that test has been compromised, then the results of that test could be inadmissible as probable cause for the arrest. If that test was a key component in the probable cause and arrest, then there is a chance the arrest may be compromised.
- If the arrest is determined to be invalid, then we might be able to convince the Judge to dismiss the DUI.
- Even if that improperly administered test is not enough to have the arrest thrown out, that test might be suppressed from being introduced to the jury at trial. If the jury sees very few tests, they might feel that the officer acted hastily in arresting the defendant. If the jury does not see enough evidence to convince them beyond a Reasonable Doubt that the accused driver was “materially and appreciably impaired,” they will be directed by the judge to find the defendant Not Guilty.
Again, only an experienced DUI Attorney can review the evidence based on their knowledge of the law in combination with the facts of the specific arrest being evaluated. We have specific knowledge of how each piece of evidence might or might not be ultimately used against you months or years later at trial.
Seek the advice of an experienced Charleston DUI Defense Lawyer, even if you do not hire us. Your privilege to drive is too important to throw away.
Please contact us immediately if you or someone you know has been arrested for DUI or a related offense. You may reach us by phone at 843-971-0099, or by clicking here to contact us for a free case evaluation.