Orangeburg Criminal Lawyer: Convincing the Prosecutor to Dismiss DUI Charges

Sometimes, we get a call from a potential client asking how they’ll benefit from hiring a DUI attorney in Orangeburg. The answer is quite simple. The State prosecutor is much more willing to negotiate with an Orangeburg criminal lawyer rather than with a pro se defendant.

Most pro se DUI defendants don’t even know that they are entitled to a copy of whatever evidence the State has against them. Plus, it’s nearly impossible to get the ear of the prosecutor if you don’t have an attorney. The only time the prosecutor is willing to talk to an individual defendant is in the minutes before their trial.

Unlike what you see on television, a DUI trial doesn’t take weeks or even days to come to an end. Most DUI trials take a few minutes, maybe an hour or two. When someone represents themselves in court, the prosecutor gets to tell the judge what evidence they have against the defendant. The defendant gets a few minutes to plead their case. In this scenario, the judge will nearly always find the defendant guilty.

With a DUI attorney in Orangeburg by your side, this won’t happen. They will get to talk to the prosecutor off and on in the weeks leading up to your trial. This is how they manage to get your charges reduced or dismissed altogether.

There’s Never a Guarantee That Your Charges Will Be Dismissed or Reduced

One thing your Orangeburg criminal lawyer will tell you from the outset is that there’s no guarantee that the charges against you will be dropped. The prosecutor has no reason to arbitrarily reduce or drop the charges for DUI.

The only way they’ll be willing to do this is if your DUI attorney in Orangeburg gives them a good reason. For example, if your attorney has hired an expert who will challenge the way the field sobriety test was administered, it may be enough of an incentive to make the prosecutor listen to reason.

The same is true if your blood alcohol concentration was barely over the legal limit of 0.08. The last thing the State wants is a long, drawn-out trial for a simple DUI. They would much rather settle the matter early in order to avoid a waste of the State’s resources. However, they will only do this if there is a good justification for a reduction of the charges.

How Far Over the Legal Limit Were You at the Time of Your DUI Arrest?

When somebody is pulled over by the police for suspicion of DUI, they are typically asked to undergo two tests. The first type of test is the breathalyzer test. This test requires you to blow into a short tube that is connected to a portable breathalyzer test. Once you hear the beep, you can stop blowing into the tube. Within seconds, the machine will produce a reading of your blood alcohol concentration (BAC).

In South Carolina, as in most other states, the legal limit for DUI is 0.08. If you blow this number or higher, you will be considered to have committed a “per se” DUI. This means that, by statute, you have technically and legally driven while under the influence of drugs or alcohol.

Field Sobriety Test

If your DUI attorney in Orangeburg can prove that the test wasn’t functioning properly, they may be able to get the State to drop the charges filed against you.

The second type of test is the field sobriety test. With this test, the officers will ask you to perform a series of tasks. These tasks help them measure your coordination and fine motor skills. If the officers believe you perform poorly on the test, you will be arrested for DUI. Your Orangeburg criminal lawyer can challenge the results of the field sobriety test as well.

If they don’t feel the test was administered properly, they will use this as a point of contention at trial. The same is true if your DUI attorney in Orangeburg believes the cops didn’t interpret your performance on the field sobriety test properly or fairly. For example, if you have a medical condition that prevents you from performing well on the test, it may be enough to get the charges against you reduced or dismissed.

Your Personal Obligations May Figure into Any Plea Deal Your Orangeburg Criminal Lawyer Negotiates

One final thing your Orangeburg criminal lawyer may point out to the prosecutor is the fact that you are a parent, spouse, and breadwinner of your family. If this is the case, the prosecutor may be willing to lighten the sentence imposed against you once you’re convicted.

While there is no guarantee that this will happen, the odds are much better if your case is presented to the State by an experienced DUI attorney in Orangeburg.

Your DUI Attorney in Orangeburg Will Work Hard to Get You a Favorable Outcome

Regardless of how strong the State’s evidence may be, your DUI attorney in Orangeburg is going to do their best to get the charges dropped. While this isn’t always possible, there is a good chance they’ll be able to get the charges reduced to reckless driving. It all depends on the facts of your case and whether your Orangeburg criminal lawyer can poke holes in the State’s case.

Our team of associates has decades of combined experience handling these types of cases. We have a good working relationship with the prosecutor and are able to talk to them about a potential plea deal. If it isn’t possible to get the charges dropped or even reduced, they can still negotiate a fair sentence for you.

Since your DUI attorney in Orangeburg knows how to prepare a solid defense for their clients, you’ll have an advantage over pro se defendants. The prosecutor is not interested in talking about a plea deal with an individual defendant. They barely have time to consult with cases that do involve an Orangeburg criminal lawyer.

We suggest that you contact one of our DUI attorneys in Orangeburg immediately after your arrest. When the police offer you the chance to make one phone call from jail, it should be to our office. Worst case, you should call a friend or family member and ask them to call our office on your behalf.