Drunk Driving Lawyer Charleston, SC
The majority of drivers in South Carolina are responsible people who understand that driving drunk is not only against the law but is also very dangerous. If they go out, they may have one or two glasses of wine or other alcoholic beverages and are aware of when to stop because they will be driving. There may be an occasion, however, that the driver doesn’t realize that maybe they had one glass too many until they get behind the wheel of their vehicle. At that point, understanding they should not be driving, they pull over to a safe place to sleep until the alcohol wears off. But can they still be arrested for drunk driving if a police officer should knock on their vehicle window? As a drunk driving lawyer in Charleston, SC can explain, in some cases, yes they can.
Drunk Driving Laws
Every state has laws against drunk driving. These laws basically say that it is illegal to be in control of a vehicle if you have more than the legal limit of alcohol in your system. In situations where a driver is arrested and charged with DUI after they pulled over and parked the vehicle, if the court determines that the driver was still in physical control of the vehicle, the driver could be found guilty of drunk driving. The key to defending against these charges is defining what physical control of the vehicle actually means.
In some cases, the driver does not have to be moving the vehicle or even intend to move the vehicle in order for the law to say they had physical control. A skilled Charleston drunk driving lawyer knows that some of the key factors that will make this determination include:
- Whether the driver had the ignition key for the vehicle
- Whether the driver was physically capable of operating the vehicle
- Whether the driver was sitting in the driver’s seat
There are other factors the court may look at, as well, in order to determine if the driver did have physical control of the vehicle and was, in fact, driving under the influence of alcohol.
So How Does a Driver Avoid a DUI Charge?
If you have been drinking, then you should avoid sitting in your vehicle at all. Consider taking a taxi, ride-sharing vehicle, or walking home if there are no sober drivers around who can drive you home. If you have no other option but to sleep in your vehicle, there are steps you can take to show you did not have physical control of the vehicle, such as putting the car key in the glove compartment and sit in the back seat of the vehicle.
Contact a DUI Defense Law Firm
If you have been arrested for driving under the influence, call Joe Good, Attorney at Law to schedule a free and confidential consultation with a dedicated Charleston drunk driving lawyer. Do not delay. The sooner we can start building your defense, the better your chances are of a more positive outcome.