How to Beat a DUI
What are the best defenses in a DUI case?
Hi, my name is Dale Savage, and I’m a criminal defense attorney here in Charleston, South Carolina. When it comes to analyzing a DUI case, you’re looking for errors made by law enforcement. You’re looking for problems or weaknesses in the State’s case against you. And if you can find those errors or mistakes, it can drastically affect the outcome in your case, and sometimes even result in a complete dismissal of the charge against you.
6 DUI Defenses
I’m going to talk about six of the most common types of defenses that are available to you in your DUI case.
1. Missing Video/Audio
Missing audio or video of the DUI investigation. In South Carolina, we have mandatory video requirements, which means that police must video record their DUI investigation, including any field sobriety tests that were administered. If police fail to record a portion or the entire process of that DUI investigation, and they don’t have a legally valid reason for failing to do so, that can result in a complete dismissal of your charge.
2. Whole Body not on Video for SFST
The police failed to record your body on video. Now, this means that please have video recorded the field sobriety test, but they’ve failed to record it properly, as required by law. Our courts have said that field sobriety tests provide direct evidence of the DUI arrest, and therefore, your full relevant body parts must be visible on the video. This means that your head must be visible on the horizontal gaze nystagmus test, and this means that your feet must be visible during the entire process of the walk and turn, and the one leg stand test. Police typically make an error by standing in front of the camera while administering the horizontal gaze nystagmus test or having you stand too close to the police cruiser while you’re performing the walk and turn, and the one leg stand test. Therefore, the lower portions of your body are not visible on camera.
3. No Miranda
No Miranda warnings. By statute, following your DUI arrest, police are required to read you, verbatim, your Miranda warnings. Failing to do this can create huge problems in the State’s case against you.
4. Missing Audio/Video Breath Test
Missing audio or video during the breath test. Following your arrest, police are going to ask you to provide a breath sample, and that entire procedure has to be video and audio recorded. And just like your field sobriety test, if a portion or the entire process is missing, then the evidence that you provide, whether it be your refusal or provide a sample during that process, may be inadmissible against you in court.
5. No Miranda
Number five is failing to read you your implied consent rights. Prior to beginning the breath test procedure, police must advise you of your implied consent rights, which tells you that you do not have to provide a breath sample, but in refusing to do so, your license will be suspended for up to six months. If police fail to do this, then that will certainly make it tough for them to win at the administrative hearing and to uphold your license suspension.
6. Breath Sample past 2 Hour Window
Police missed that two hour window to collect your breast sample. By statute, after your DUI arrest, police have two hours within which to collect a breath sample or at least get that refusal on record. If they fail to do that within that two hour window, and they don’t have a valid legal reason, then that result will be inadmissible against you in court.
Charleston, SC DUI Attorney
If you’ve been arrested for a DUI and you’d like help on your DUI case, please give me a call at 843-530-7813. I hope this video was helpful, and thanks for watching.