DWI Lawyer Mount Pleasant, SC
South Carolina has some of the strictest DWI laws in the country, so anyone who has been arrested for driving while intoxicated is not only facing the legal consequences of the charges, including loss of license, fines, and potential jail time but there is often a significant impact on their personal and professional life. As a DWI lawyer in Mount Pleasant, SC can explain, it can take some drivers years to fully recover from a DWI conviction.
What Type of Defenses Are There to a DWI Charge?
Just because you have been arrested and charged with drunk driving, does not automatically mean that you will be convicted. There are some circumstances that can lead to a lessening of charges or even a complete dismissal.
The most common defenses that a Mount Pleasant DWI lawyer may be able to use to defend you include:
The traffic stop was illegal.
A police officer cannot stop a driver without a valid reason. If you were pulled over, outside of a DWI checkpoint, the officer must have had a legal reason for doing so. Typical reasons include speeding, weaving, and swerving while driving, driving with a tail light, headlight, or signal out, and failing to follow a traffic sign or stoplight.
If an officer pulls a driver over and has legitimate cause to stop them, they can then conduct a limited investigation. They must first, however, inform the driver of the reason they were stopped. If the officer fails to inform the driver or if the officer did not have probable cause to pull the driver over and conduct a standard DWI investigation, any evidence collected may be ruled inadmissible by the court. Without the evidence, the charges will likely be dropped.
The field sobriety test results are questionable.
Field sobriety tests are commonly used by police officers as a method of determining if a driver is under the influence of drugs or alcohol. These tests often include standing on one leg, walking a straight line, turning around, or having the driver recite the alphabet backward. These types of tests, however, are flawed and can be poor indicators of intoxication. Factors like weather conditions, physical ailments, and poor coordination could all lead a driver to fail a field sobriety test, thus appearing intoxicated, without actually being drunk or high.
Remember, it is your right to refuse to submit to any field sobriety tests and because the results are so subjective, it is recommended that no driver agrees to these tests, regardless of their level of sobriety.
The breathalyzer test results are questionable.
While much more effective than a field sobriety test, breathalyzer results can also be flawed. In fact, breathalyzers often provide inaccurate readings. Breathalyzers require proper maintenance and those left unmaintained could show inaccurate results. They can also malfunction and show incorrect readings. Certain health conditions can also affect the reading, appearing like alcohol is present when it is not. Additionally, over-the-counter products like medicines and mouthwashes can be mistaken for intoxicating alcohol.
Are You Facing Charges?
If you have been arrested for drunk driving, call Joe Good, Attorney at Law to schedule a free and confidential consultation with a Mount Pleasant DWI lawyer and find out how our legal team can defend you against these charges.