DUI defense in South Carolina is one of the most complex areas of criminal law. An effective defense requires familiarity with many different subjects, including South Carolina criminal procedure, how magistrate and municipal courts operate, the South Carolina Rules of Evidence, and the general techniques used in criminal defense. It also requires knowledge of the specific laws that apply only to DUI cases, along with appellate court decisions shaping how those laws are interpreted. DUI cases involve field sobriety testing procedures, breath testing procedures, an understanding of how the breath test equipment works, South Carolina’s implied consent rules, and the process used by the Office of Motor Vehicle Hearings. When a lawyer takes on a DUI case, all of these areas can become relevant.
Many DUI cases can be successfully reduced or dismissed, regardless of the circumstances surrounding the arrest. While no lawyer can ever promise a specific result, an effective defense can create opportunities for a favorable outcome in a large percentage of cases. Small procedural mistakes, problems with the breath test, deviations from standardized field sobriety testing, or a lack of evidence of actual impairment can all significantly change the direction of a case.
An experienced DUI defense attorney can bring a level of knowledge and experience they bring to these cases that often makes a meaningful difference. DUI laws in South Carolina are technical. Breath testing rules are strict. Field sobriety tests are filled with requirements that officers must follow. Understanding how to identify issues in these areas can improve the chances of achieving a reduction or dismissal.
It is also important to understand what DUI in South Carolina actually means. It is not a charge based simply on drinking and driving. The legal standard requires proof that someone was driving while materially and appreciably impaired. A breath test result, even one above .08, does not automatically mean someone is guilty. Officers form opinions based on their own observations, but these opinions can be challenged. An arrest does not equal guilt. Many people who feel their case is hopeless learn that the law requires far more proof than they initially believed.
There are many potential outcomes that can improve a defendant’s situation. Some cases can be reduced to a lower level charge, helping avoid jail time, SR 22 insurance, or a driver’s license suspension. Others can be dismissed outright based on legal or evidentiary issues. Any DUI case that is not appropriately dismissed or reduced (per our client's request) can proceed to trial to seek a not guilty verdict. The right strategy depends on the unique facts of the case and the legal issues involved.
The Law Office of James R. Snell, Jr., LLC, has over 20 years of experience defending DUI charges throughout South Carolina, including cases involving breath test refusals, high reported alcohol levels, suspected drug impairment, accidents, repeat offenses, and related charges such as leaving the scene. James Snell is a member of the National College for DUI Defense, is the author of the book South Carolina DUI Defense: The Law and Practice, and has completed training that recognizes him as a Field Sobriety Test Instructor. This background allows the office to fully evaluate DUI cases and pursue every available path toward the best possible outcome.
If you or a loved one has been charged with DUI in Lexington, Columbia, or anywhere in South Carolina, same day appointments are typically available. Call 803-359-3301 to schedule a consultation. If your driver's license was taken by the police officer we can file the necessary paperwork to restore your driving privileges fast, often within the first hour of representation.
All cases are unique, and prior results obtained by the attorney in one matter do not indicate similar results can be obtained for other clients in other matters.