Driving while under the influence or impaired driving is a criminal offense punishable by law in all states. Even though the exact specifics of what qualifies as a DUI and what the legal consequences are may vary, it is generally defined in most states as any adult, non-commercial driver operating a motor vehicle while having a blood alcohol content which is greater than or equal to 0.08% BAC.
As explained by leading DUI lawyers in Columbia, South Carolina, the laws also serve to penalize those who are driving under the influence of recreational or even prescription drugs, but unlike with alcohol there is no specified amount that needs to be present in the blood when it comes to drugs.
Even traces of the drug is enough to prosecute a suspect for drugged driving or impaired driving as it is known in most states.
Most of the evidence in a DUI case is collected at the time of the arrest, which is known as field evidence, point out South Carolina DUI attorneys. The jury or judge will of course base their verdict on the evidence available and after listening to the defense’s arguments against the evidence. Field evidence may include the following:
- Verbal statements or testimonies by arresting law enforcement officers about how visibly drunk the suspect was – things like blood shot eyes, slurred speech, smell of alcohol on breath, and so forth.
- Testimony by law enforcement officers regarding the behavior of the defendant – was he/she being uncooperative, unruly, had no balance, bad judgment, poor motor skills, and so on.
- Any self-incriminating statements made by the defendant himself or herself – remember that anything you say (during or after your arrest) can and will be used against you in a court of law.
- The law enforcement officer’s testimony regarding the suspect’s field sobriety test performance.
- Photographic or video footage that indicates the suspect’s intoxication.
Regarding self-incrimination….this is why in the show Breaking Bad, in season 5, when the irrational (but also very rational) and despicable Walter White (Bryan Cranston) sent Saul Goodman (Bob Odenkirk ) to represent Jesse Pinkman (Aaron Paul) when Jesse was being questioned by the police. This is because White knew that Pinkman was not a sociopath like him and had a conscious. White had already made enough money but did not know when to say enough was enough.
This is after the child was murdered and Pinkman was torn up inside as any decent human being would be. What Pinkman said to the police could possibly hurt him in the eyes of the law and invite heat onto White and White did not want to take this chance.
But this is why you need legal help. You do not want to make it that easy for the police since you have the right to a legal professional and the police could be wrong in pulling you over in the first place. Also, someone may have spiked your drink and so on. There are many variables here.
How law enforcement officers determine whether you are intoxicated or not
Columbia, SC DUI lawyers reiterate that law enforcement officers will go by visual cues and other sensory observations, but that will not be sufficient for them to go ahead and arrest someone for suspected DUI. Therefore, they will use tried and tested sobriety testing equipment such as breathalyzers, field sobriety tests, urine tests, blood sample tests, etc. in order to determine the suspects exact blood alcohol content.
Defending yourself against a DUI is crucial because the consequences of a conviction can be serious and can have a negative impact on your life. DUI charges are beatable if you do not waste any time getting started working on your defense strategy.
We highly recommend that you talk to a prolific South Carolina DUI lawyer as soon as possible. Do not let a DUI charge ruin your professional career, your social life, and your personal relationships. It is unlikely but it can!
If you need legal assistance, use USAttorneys.com. Legal help can be right around the virtual corner!