Every experienced DUI lawyer in South Carolina will advise you to pull over immediately after a police officer stops you. That’s because police officers are within their rights to pull you over upon reasonable suspicion that you’ve committed a crime. They will often ask you to stop to verify if you are under the influence of drugs or alcohol.
After you’ve pulled over, there are many mistakes you must not make to avoid complicating your case. For example, agreeing to a field sobriety test and admitting guilt are terrible ideas that may adversely affect your case. Also, neglecting to call your lawyer as soon as possible is bad for your case.
However, police officers can also make silly mistakes before, during, and after a pullover. The more mistakes they make, the higher your chances of getting a dismissal if your case goes to court. So, it’s essential to talk to your lawyer about any mistakes you think may help your case in a lawsuit. We’ll discuss the most common ones to watch out for in this article.
What Should I Do if I’m Pulled Over for DUI in South Carolina?
Whenever the police stop you while driving, do the following:
Pull-Over to the Right Side of the Road
Once you notice an officer’s stop signal, you must pull over as soon as it is safe to do so. Be sure to pull over to the right side of the road, away from traffic.
Stay in Your Car
When you stop, turn your engine off and don’t attempt to get out of your car. Next, roll your windows down and keep your hands visible on the steering wheel. After that, wait for the police officer to walk up to your car and speak to them calmly and politely.
Refuse a Vehicle Search
The police may search your vehicle if there’s a valid warrant or probable cause. However, if they ask for permission to search your car, you’re within your rights to refuse.
Don’t Admit Guilt or Volunteer Information
Under the fifth amendment to the U.S. Constitution, you have a right against self-incrimination. As such, the police cannot force you to admit to drunk driving. To avoid saying anything that may implicate you, it’s best to keep silent and refuse to volunteer any information whatsoever. You can do this by informing the police officers that you’re invoking the fifth.
Common Mistakes Police Officers Make in Drunk Driving Cases
The following are some common errors police officers may make in your DUI case:
Stopping You Without Probable Cause
The law mandates a police officer to have a reasonable cause for stopping you before they do. That is, law enforcement officers shouldn’t stop or arrest you for no reason. However, if they do, you can use that as a defense in your case.
Neglecting to Inform You About Your Rights
Some police officers may neglect to read your Miranda Rights upon arrest. That can make your arrest illegal and lead to a case dismissal.
Incorrect BAC Test Administration
There are many errors the police may make when administering your BAC test. They may take too long to administer one or handle your test results inappropriately. In addition, they may misuse the testing device due to inexperience. These mistakes with BAC administering can help your case.
Arresting You Solely on Your Statements
Law officers may only arrest you for a reasonable cause and not solely because of something you said.
How Can a Police Mistake Help My DUI Case?
Some police errors can lead to your case dismissal. For example, any evidence that the police obtained illegally is not admissible in a court of law. So, your lawyer may ensure that the court suppresses or expunges some material proof against you. That way, there’s nothing to show that you committed any crime.
Contact Your Orangeburg Drunk Driving Lawyers As Soon as Possible
DUI is a severe offense in South Carolina, and it carries grave penalties. If you get convicted for DUI, you may pay heavy fines, lose your driver’s license or even go to jail. As such, it’s normal to get worried when a police officer arrests you for drunk driving. Fortunately, with legal help from experienced DUI lawyers in South Carolina, you can have your case dismissed in no time.
Our Orangeburg DUI attorneys understand that no DUI case is hopeless. We’ll assess your case to detect errors we can leverage to let you off the hook. Trust us to get you the help you deserve as soon as possible. Contact us now, and let’s get started on your defense immediately.