Imagine you are driving down Assembly Street in Columbia late on a Friday night. Suddenly, you see flashing blue lights in your mirror. You pull over past Gervais Street, and an officer approaches your car. You are not even sure if they are with the City of Columbia Police, the USC Police Department, or another agency. Moments later, you are asked to step out of your vehicle. After explaining that you just left dinner in the Vista, the officer has you perform DUI tests. Before you know it, you are in the back of a patrol car on the way to Alvin S. Glenn Detention Center. After refusing a breath test, your license is taken and you are told it is suspended. The next morning, you are released on a personal recognizance bond.
Being arrested for DUI is frightening and confusing. Common questions include: Do I need to hire a lawyer? How can I get my license back? Should I plead to reckless driving? These are important concerns, but one of the first things I look at is whether the police had a valid reason to stop you in the first place.
The Requirement of a Valid Traffic Stop
Police officers in South Carolina cannot simply pull someone over at random. They must have what the law calls a “reasonable articulable suspicion” that a traffic violation or other offense has occurred. Examples may include speeding, failing to use headlights, or making an improper turn. Without a valid reason, the stop is unlawful.
If a DUI arrest begins with an invalid stop, the evidence that follows can be excluded under what is called the “fruit of the poisonous tree” doctrine. In practice, that means the DUI charge itself can be dismissed.
How We Challenge the Stop
The defense process begins by filing discovery motions with the court. This compels the prosecutor to provide the materials collected during the arrest, such as the officer’s dash-cam footage, body-camera footage, incident report, and field sobriety test results.
Reviewing this evidence often reveals whether the officer truly had a lawful basis to stop the vehicle. In many cases, video footage shows no actual violation, even though the officer claimed one. When this happens, it creates a strong defense to the DUI charge.
What Happens Next
When evidence shows an invalid stop, I first raise the issue with the prosecutor to request a dismissal. Sometimes this leads to a complete dismissal or a reduction favorable to the client. If that does not resolve the case, we can contest the charge in court. Judges have the authority to dismiss DUI cases when the stop was unlawful, and if that occurs, the arrest is also eligible to be expunged from your record.
Even when there is evidence of a traffic violation, there may still be favorable evidence in the video. Promptly pulling over in a safe and controlled way, for example, can demonstrate sober driving behavior.
Officer Training and Common Missteps
Police officers in Columbia, Lexington, and surrounding areas are trained using the National Highway Traffic Safety Administration’s DWI Detection and Field Sobriety Testing curriculum. This course breaks DUI investigations into three phases, beginning with “Vehicle in Motion.” The training includes a list of specific driving behaviors linked to impaired driving. Interestingly, speeding is not one of the behaviors on that list, even though many DUI cases begin with a stop for speeding.
Legal Experience You Can Rely On
Evaluating whether the stop was valid is only one step in defending a DUI. Attorney James R. Snell, Jr. is a qualified instructor in DWI Detection and Field Sobriety Testing and the author of South Carolina DUI Defense: The Law and Practice. Our office also has another certified instructor on staff. This experience allows us to carefully review the state’s case and identify the best defense strategies available to our clients.
If you are facing a DUI in Columbia, Lexington, or elsewhere in South Carolina, we invite you to contact our office for a free consultation. Same-day appointments are usually available. If your driver’s license was suspended, we can often file the paperwork to restore driving privileges within hours of being hired. To schedule your consultation, call us today at (803) 359-3301.