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How to Fight a DUI Charge in South Carolina

November 23, 2015

: DUI Defense

If you need to fight a DUI Charge in South Carolina, Bernstein and Bernstein can help.

Politely Cooperate with Authorities, Except with the Breathalyzer Test!

From the time that you are pulled over on suspicion of DUI, you are starting to put together your case for the court.  Every disrespectful action and comment that you make with the officers on the scene could come back to haunt you in front of a judge.  For that reason, you need to be polite and cooperative with the officers, doing all that they ask, except when asked to take a breathalyzer test.  For now, these tests are not mandatory in South Carolina, so you have a right to refuse.  The officer will probably inform you that you will automatically lose your license for refusing, which is true.  However, your attorney can usually get you a temporary permit to use until you go to court.

Reasons to Refuse a Breathalyzer when Charged with a DUI

Although it seems like it would be unwise to refuse anything that the officers ask you to do when pulled over, the breathalyzer’s results can do great harm to you in court.  These tests are very sensitive and the results are considered hard evidence against you in court.  It is much better for your case to have the officers state that you politely refused to take the test, but were cooperative in all other ways when you were pulled over.  Without the breathalyzer test, it becomes your word against the officer’s word, which makes it much easier for your criminal defense attorney to prove your innocence.

Cooperating with Your Criminal Defense Attorney

Even if some aspects of the experience of being pulled over for a DUI charge are embarrassing, or if what happened during the night leading up to the arrest causes concern to you, it is important for your criminal defense team to know every detail of what happened that night.  This is the only way for them to put together a case in your defense, being prepared for every situation that the prosecution might throw at you.  If you have already told them your story, but later remember other facts that you left out, be sure to inform the defense team immediately.  In this way, they will best be able to help you fight the DUI charge.

If you have been charged with a DUI in South Carolina and want to know more about how to fight a DUI charge in South Carolina, call us today at 803-799-7900.

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