Facing a DUI charge can feel like your whole world is coming to an end. The fear, confusion, and uncertainty are real, and for good reason. After all, a conviction could mean loss of your license, your job, your finances, and even your freedom.
But many people don’t realize that not every DUI arrest in Aiken results in a conviction. Several legal DUI defenses can be used to fight the charges against you. If you’re facing a DUI in South Carolina or elsewhere, you have rights and are not without options.
At Johnson, Johnson, Whittle, Lancer & Staggs, our skilled DUI attorneys in Aiken, know how scary a DUI charge can be, especially if this is your first time in the South Carolina legal system. Fortunately, you can protect your rights and future with the right legal strategy.
Below, we break down the most common DUI defenses that may apply to your case — and how a South Carolina DUI lawyer can help.
1. Lack of Reasonable Suspicion for the Stop
Police officers need a valid legal reason, called reasonable suspicion, before stopping you. If that’s not met, the whole case may be dismissed.
Common examples of questionable or illegal stops include:
- Being stopped just because it was late at night.
- Unclear reasons for the stop, such as “nervous driving” or “you looked off.”
- Being pulled over at a DUI checkpoint without proper procedure or signage.
- Claims of a minor traffic violation that were never clearly articulated or documented.
If your DUI defense lawyer in Aiken can prove the officer had no reasonable suspicion, any evidence obtained after that, such as breath tests or field sobriety results, may be thrown out.
2. Faulty Field Sobriety Tests
Field sobriety tests are designed to test coordination and responsiveness, but they’re not as objective or reliable as they seem. It’s important to understand that these tests rely heavily on an officer’s personal judgment, which opens the door to interpretation and error.
Issues with Accuracy and Subjectivity
Even sober people can struggle with balance or coordination due to nerves, shoes, uneven pavement, or natural clumsiness. These challenges can cause poor performance that gets mistaken for impairment.
Improper Test Administration
South Carolina officers must follow a set of strict procedures when administering these tests. If they skipped steps, didn’t explain the instructions clearly, or conducted the tests in poor lighting or weather conditions, your results may not be admissible.
Physical and Medical Limitations
Medical conditions like vertigo, arthritis, back injuries, or even simple fatigue can affect performance. Your attorney can use medical records or expert testimony to show why the test results were misleading in your DUI defense case.
3. Inaccurate or Improper Breathalyzer Tests
Breathalyzers must be maintained, calibrated, and operated correctly to produce accurate results. Unfortunately, that doesn’t always happen.
This can lead to problems with breath tests including:
- Improper calibration or maintenance of the device.
- Lack of training for the officer administering the test.
- Environmental interference, which can be caused by several factors including, nearby chemicals, radio frequency, or high temperatures.
- Residual alcohol in your mouth from certain medications or mouthwash.
In DUI defense cases in Aiken, SC, our legal team has successfully challenged breathalyzer evidence based on device error and operator negligence. If the test protocol wasn’t followed exactly as required, the results can be excluded.
4. Medical Conditions or Other Explanations for Behavior
Certain health conditions, medications, or even dietary factors can produce symptoms that resemble intoxication or can directly interfere with the reliability of chemical testing.
Examples include:
- Diabetes, which can cause breath odor similar to alcohol (ketosis).
- Acid reflux or GERD, which can affect breath test accuracy.
- Neurological issues that mimic impaired speech or coordination.
A skilled DUI defense attorney will know how to use medical records, pharmacy logs, and expert witnesses to provide an alternative explanation for your behavior or test results.
5. Violations of Your Constitutional Rights
Your rights under the U.S. and South Carolina constitutions matter. If those rights were violated during your DUI stop, arrest, or interrogation, key parts of the prosecution’s case can be dismissed.
Examples of violations include:
- Failure to Read Miranda Rights: If you were placed in custody and interrogated without being advised of your right to remain silent and your right to an attorney, your statements may not be admissible in court.
- Unlawful Search or Seizure: If the officer searched your vehicle without a warrant, probable cause, or your consent, any evidence discovered, such as open containers or alleged drug paraphernalia, may be thrown out.
- Coerced Statements or Improper Interrogation: Statements you made under pressure, confusion, or after being misled by officers may also be excluded if they were obtained in violation of your due process rights.
6. Chain of Custody and Blood Test Issues
Blood samples must be collected, transported, tested, and documented in a very precise chain of custody. A breakdown at any point of this process can raise serious doubts about the test’s reliability.
Mistakes that can invalidate blood evidence:
- Unclear labeling or documentation.
- Delays in testing or improper storage temperatures.
- Lab technician errors or contamination.
- Gaps in the official chain of custody record.
Your Aiken DUI defense lawyer can request detailed lab records and cross-examine the people who handled your sample to uncover inconsistencies.
7. The Rising Blood Alcohol Defense
Not all BAC results tell the whole story. The rising blood alcohol defense is used to argue that your blood alcohol level was below the legal limit while you were behind the wheel, but exceeded the legal limit after the stop due to continued alcohol absorption into your bloodstream.
This defense is good and valid if:
- There was a delay between the stop and the breath or blood test.
- You drank shortly before driving.
- The BAC results don’t match the physical evidence or behavior in the police report.
As part of a comprehensive legal strategy for a DUI defense, a toxicology expert can help reconstruct your BAC timeline to show you were sober at the time of driving.
Why An Experienced DUI Defense Lawyer Can Help
Even if it seems like the evidence is against you, a DUI charge is never a lost cause, especially with the right lawyer. Most DUI defenses discussed here start with a lawyer finding weaknesses that clients never knew existed.
Case Analysis
Our Aiken DUI defense lawyers will review dashcam footage, breathalyzer results, lab reports, and arrest reports. We look for procedural mistakes, scientific errors, and violations of your rights — then build a defense around them.
Local Court Experience Matters
We’ve been in the courts in Aiken County and all of South Carolina for years. We know how prosecutors build their DUI cases — and how to counter them.
Johnson, Johnson, Whittle, Lancer & Staggs isn’t just here to file paperwork — we’re here to protect your future.
You Have Options When Facing DUI Charges — Contact an Aiken DUI Defense Lawyer
Being arrested for DUI doesn’t mean you’re guilty. From faulty test results to constitutional violations, there are many defenses — from bad tests to bad cop conduct — that can challenge the case against you and get the charges reduced — or even dismissed.
At Johnson, Johnson, Whittle, Lancer & Staggs, our Aiken DUI defense lawyers will help you explore all your options. Using a strategic, evidence-based approach, we’ve helped hundreds of clients fight DUI charges.
Whether this is your first offense or you’re facing more serious consequences, our team will help you build the best defense possible. Call us today at (803) 649-5338 or contact us online for a free, confidential DUI case review.
