All drunk under the influence (DUI) charges in South Carolina are criminal offenses that can result in fines, probation, license suspension or revocation, and jail time. These charges are serious, but they are nothing compared to the consequences of a felony DUI conviction. Most times, a DUI charge is a misdemeanor. This is true even for subsequent DUI charges.
However, there are instances where DUI charges are elevated to felony offenses. If you are in such a situation, it’s best to hire an experienced Aiken DUI defense attorney to explore your legal options and avoid severe penalties. This blog post will delve into common defense strategies that may be available to you as a defendant when facing felony DUI charges.
Understanding Felony DUI in South Carolina
In South Carolina, a DUI charge can be classified as a felony if the defendant has two prior DUI convictions. Courts may also consider a DUI a felony if it results in serious injury or causes the wrongful death of a road user.
Unlike misdemeanor DUI charges, felony charges in South Carolina carry harsher penalties, including steeper fines and longer jail time, due to the potential danger they pose to the public.
Common Legal Defenses for Felony DUI Charges
Felony DUI charges in Florida carry severe penalties. If you are facing a DUI charge, it’s best to consult an experienced criminal defense lawyer to advise you on the best course of action.
Here are some of the defenses our skilled legal team may present when arguing your case:
- Challenging the traffic stop: This is the first line of defense that questions whether the police had probable cause to pull you over. Police must have reasonable suspicion that the driver is impaired or a traffic law is being violated to stop a vehicle. If the stop was illegal, any evidence obtained afterward, including breathalyzer results, may be suppressed in court.
- Questioning the accuracy of BAC testing: Breathalyzer tests, a common method for measuring BAC, are prone to errors when they are improperly calibrated or maintained, which may lead to inaccurate readings or results. Still, if the officer administering the test fails to follow proper procedures, the BAC results can be compromised.
Blood tests can also be challenged if there are concerns about the chain of custody or if the test was not administered properly. - Disputing field sobriety tests: Officers use field sobriety tests to determine whether a driver is impaired. However, they are subjective and can be unreliable and factors like the weather and medical conditions can lead to false results.
- Arguing lack of impairment: Evidence, including witness testimony and dashcam footage, can be presented to show that the driver’s behavior and ability to control their car weren’t compromised. Passengers and bystanders can testify that the driver wasn’t driving erratically at the time of the arrest.
- Defending against aggravating factors: If the prosecution alleges the plaintiff was seriously injured, a criminal defense attorney may dig into their medical records and history to prove this isn’t true. In cases involving a minor in the vehicle, a defense attorney might argue that the child was not at risk or that there is insufficient evidence of endangerment.
An experienced lawyer will use these arguments to have your charges reduced or dismissed entirely.
Negotiating a Plea Bargain
In felony DUI cases, it may be possible to negotiate a plea bargain with the prosecution to avoid potentially harsh penalties. This involves agreeing to a lesser charge or a reduced sentence in exchange for pleading guilty.
A plea bargain can sometimes result in the reduction of a felony DUI charge to a misdemeanor if the circumstances allow for it. This is more likely if the defendant has a clean criminal record or if there are no aggravating factors in the case, such as a catastrophic injury or death.
Rather than doing this on your own, it’s important to consult with an experienced South Carolina DUI defense attorney to evaluate the potential benefits and drawbacks of accepting a plea deal.
The Role of an Expert Witness
Expert witnesses, including toxicologists, pharmacologists, and accident deconstructionists, can provide valuable testimony to support your defense. These experts can help explain the effects of alcohol or drugs on the body, challenge the accuracy of chemical tests, or reconstruct the accident to dispute the prosecution’s claims.
Why You Need a Skilled DUI Defense Attorney
Navigating felony DUI charges in South Carolina requires an in-depth understanding of the law and the ability to develop a strong defense strategy. At JJWLS, our experienced DUI defense attorneys can:
- Thoroughly investigate your case: An experienced attorney can gather evidence, including CCTV footage and police reports, interview witnesses, and analyze the prosecution’s case to build a compelling defense. This comes in handy when challenging the prosecution’s evidence.
- Create a tailored defense strategy: A skilled lawyer can develop a defense plan that is tailored to your specific DUI circumstances. They could build a case around the legality of the stop or question the accuracy of the test results.
- Represent you in court: An attorney can advocate for your rights and protect your interests throughout the legal process, which involves presenting compelling arguments to dismiss the case.
- Negotiate plea deals: If appropriate, an attorney can negotiate favorable plea bargains with the prosecution.
Facing felony DUI charges is serious and requires a strong legal defense.
Call Today to Find Out South Carolina Felony DUI Defense Attorney Can Help
Facing felony DUI charges can be a stressful experience, but understanding your legal options and working with a skilled criminal defense attorney can significantly improve your chances of a positive outcome.
An experienced lawyer can use various defenses, including challenging the stop, disputing the field sobriety tests, and arguing lack of impairment, to minimize your charges or get the entire case dismissed. That is where Johnson, Johnson, Whittle, Lancer, & Staggs comes in.
It’s important to act quickly if you are facing a DUI charge. Hiring an attorney soon after being cited can help you and your criminal defense lawyer gather evidence to build a compelling case. Call (803) 649-5338 or contact us online today to speak to one of our experienced South Carolina DUI lawyers.
