Getting arrested for DUI can be stressful no matter what your BAC level is. Since South Carolina has strict policies against DUI, you can expect harsh penalties and high fines if you’re convicted of the charges. That’s why working with a South Carolina DUI defense attorney from the very beginning is so important. They can represent you in court, but there are still a few mistakes that many drivers make which can derail your case. Here are the top mistakes drivers make immediately following a DUI arrest so you can avoid making them yourself.
1. Refusing the Breathalyzer Screening
Many drivers are under the impression that refusing the breathalyzer screening will help their case. Unfortunately, nothing could be further from the truth. When you refuse the breathalyzer screening, your driver’s license will be automatically suspended. Why? Because the state says that all drivers operating their vehicles in South Carolina implicitly agree to testing if they’re suspected of driving under the influence. Any refusal can be used against you in court and could hurt your case.
2. Resisting Arrest
Resisting arrest is almost never a good idea. It’s considered illegal in South Carolina and can make the charges against you more severe. Do whatever you can to comply with the officers placing you under arrest. When you’re cooperative, their report will reflect your attitude which can help your case in court. If you resist arrest, you could face additional charges.
3. Oversharing With the Police
When you’re arrested, officers are required by law to read you your Miranda rights. These rights include the right to remain silent. When you overshare with the police, you could hurt your case. Many drivers end up saying more than they should, effectively admitting their guilt. This can hurt your case since officers will log your comments. Anything you say can be used against you in court, and the more you say, the more could be used against you.
4. Not Consulting With an Attorney
While it’s possible to represent yourself, it’s almost never a good idea. Not consulting with an attorney puts you at risk of higher-than-deserved fines and could lead to a conviction that isn’t even warranted. Instead, consult with a South Carolina DUI defense attorney as soon as you can. The sooner you do, the easier it will be for them to represent your case and argue on your behalf. And if the police try to talk to you without an attorney present, do whatever you can to stay silent. You’re entitled to fair representation as soon as you’re arrested.
5. Assuming You’ll Be Found Innocent
Many drivers facing DUI convictions automatically assume that they’ll be found innocent in court. Often, they think that having a lower BAC level will make their charges less severe and they assume they can argue their way out of the charges against them. Unfortunately, this is rarely the case. While it’s possible to be found innocent of the charges against you, it’s exceedingly rare. You’ll want to work with an experienced attorney from the very beginning. If you are truly innocent of the charges against you, they’ll increase the chances of being able to prove your innocence in court.
Work With an Experienced South Carolina DUI Defense Attorney
Being charged with a DUI is serious and making mistakes can make your case more difficult in the long run. Working with an experienced DUI defense attorney in South Carolina can help you put your best foot forward and could help your case. If you’ve been charged with a DUI, don’t wait. Contact Truslow & Truslow today to schedule a consultation.