How To Get Charges Dismissed In A Dui Case

Stephen Harris is the owner of the Law Office of Stephen Harris, where he works as an attorney on DUI defense cases for clients in Charleston and the surrounding areas. According to Harris, building a strong defense in any DUI case should start with hiring the right lawyer, because a defendant who does not have a qualified lawyer on his side will have very little chance of ever getting his charges dismissed by a judge.

While getting the charges dropped or dismissed in a DUI case is something that is never a guarantee, I also advise that there are a few basic steps that any competent DUI defense attorney in Charleston will take when attempting to get his clients charges dismissed.

1.Inspecting the Video Made by Police
I think the first step to getting charges dismissed in a DUI case is to review and inspect the video made by police. In South Carolina, the law requires that cops have working cameras in all police vehicles when they make DUI stops. If the camera in a particular police vehicle isnt working, then that officer is required by law to call another officer to bring his vehicle over and record the traffic stop in its entirety. The police must have these videos available for attorneys to inspect before DUI cases can go forward.

If an attorney requests the video from the police department, then it must be turned over under the South Carolina criminal code. The police will hand over a digital copy of the video to be reviewed by the attorney and his client, which is when any discoveries as to errors or inaccuracies are usually made.

In my experience, a number of things can be wrong with these videos that can make a case invalid. If a video is incomplete or inconsistent with the officers statements, it will often be enough to get the case dismissed. In addition, if the audio on the tape doesnt work, if the view from the camera is obstructed, if the officer does not make sure the defendant is within view of the camera, or if the video does not record when the defendants Miranda Rights are given to him, then that could be grounds for the case to be dismissed.

2. Investigating the Field Sobriety Test
The second step when a DUI defense attorney in Charleston is working with a client is to find out what type of field sobriety test the client took, or whether he took a breathalyzer that was administered by the arresting officer. Most states, including South Carolina, require that a certain number of field sobriety tests be administered before a driver suspected of driving under the influence can be arrested. If the driver passes one of these tests, then the officer can require him to do up to two more. But after that, the officer is required by law to stop giving the tests.

If the police officer did not administer enough tests to determine fully whether or not the driver was intoxicated, then the defense lawyer can move to have a DUI case dismissed. It just comes down to the number of tests that were given, which ones were conducted, and the reliability of the tests that were conducted.

3. Checking for Witnesses
The third step in investigating a DUI case is to find out whether the officer who witnessed the incident and made the arrest is still on the police force. If he moved, or if he has decided not to testify, then that could be grounds for dismissal.

In addition, an experienced DUI attorney will also look for any other witnesses who may have seen the driver in action. If there was a witness who might be able to contradict the arresting officers statements as to the way the person was driving or how the arrest went down, then it is always going to be worthwhile to speak to that witness and find out what he has to say. If there are no witnesses, and if the arresting officer who would otherwise be a witness is not able to testify, then the court will have to dismiss the case.

4. Getting the Charges Dismissed
The last step is to successfully get the charges dismissed. While there is no way to tell whether a lawyer is going to be able to get the charges dismissed in a DUI case, a persons chances are always going to be better if he has a competent attorney working on his behalf. Attorneys will frequently go to prosecutors with any information they have about inaccuracies or errors they have found in the cases theyre working on, and a prosecutors will sometimes decide to drop certain charges leaving the defendant in the best position of all.

This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.

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