Challenging the Evidence in a Shaw Air Force Base DUI Case

Getting pulled over for suspected DUI on Shaw Air Force Base can be stressful even when you’re sober. But if you’re successfully charged with a DUI while on base, the process can quickly become overwhelming. Though the charges are severe, there may be ways to defend yourself in court and cast doubt on the validity of the evidence being used against you. Your South Carolina DUI defense attorney can help you mount a defense using several common strategies.

Some Common Ways South Carolina DUI Defense Attorneys Challenge Evidence

Every case is unique, and the circumstances surrounding your arrest and the evidence against you will determine the defenses that your attorney can use in court. However, there are a few common strategies that your attorney may try to use when you’re facing a federal DUI charge on Shaw Air Force Base.

Questioning the Maintenance and Accuracy of the Testing Equipment

BAC testing equipment, especially breath testing equipment, requires frequent maintenance and regular calibration to deliver accurate results. If the department hasn’t followed the proper maintenance schedule for their equipment, the results won’t be accurate. This could cast doubt on your guilt and may help you get the charges dismissed.

Reviewing Footage of the Initial Stop

Both civilian and military police officers are required to follow the law when pulling drivers over and making arrests. Any violations of those laws can result in errors that may make the charges against you unenforceable. Your South Carolina DUI defense attorney will review the officer’s statements, camera footage, and any other supporting documentation to determine if they made errors during the stop or during your arrest. If the officer did make an error, you may be able to have the charges reduced or dismissed.

Identifying Legal Violations Made By the Officer

The arresting officer must have a clear and legal reason to pull a driver over and initiate a DUI screening. This includes erratic driving, speeding, expired registration tags, burned-out tail lights, or other similar infractions. Without a clear and valid reason to pull you over, the stop may not be legal and any subsequent screening for DUI or BAC tests may not be upheld in court. Your attorney may be able to challenge the legality of the stop and get the charges dismissed if the court agrees that the officer shouldn’t have pulled you over in the first place.

Casting Doubt on Chain of Custody of the Evidence

All evidence pertaining to a DUI case must follow the proper chain of custody to guarantee that the evidence is in its original condition and hasn’t been tampered with. If your attorney reviews the evidence logs and identifies a break in that chain of custody, they may be able to use this as a defense in your case. 

A Good Defense May Help Your Case

Again, every case is different. But if you can present a strong defense in court, you may be able to get your charges reduced or dismissed. It’s your attorney’s job to review the evidence against you and the circumstances surrounding your arrest and use that information to adequately represent your interests in court. 

This is why working with an experienced South Carolina DUI defense attorney who is familiar with Shaw Air Force Base is a priority. They’ll work with you to create a defense that honors the truth of what happened and shows the court why you deserve a more lenient charge. 

Schedule a Consultation Today

If you’ve been arrested for driving under the influence on Shaw Air Force Base, don’t wait to get help. Contact the team at Truslow & Truslow today. Our team will review your case and help you better understand your options.