Being charged with a felony DUI can be stressful. But just because you’re facing charges for a felony doesn’t mean you’ll end up convicted of a felony. It’s possible to reduce your charges in the right circumstances with help from an experienced South Carolina DUI defense attorney. Here’s what you need to know.
Reductions Are Possible
It may be possible to have your felony DUI charge reduced. But that reduction requires careful strategy and typically depends on weaknesses in the prosecution’s case. Successful reductions typically result from negotiations between your defense attorney and the prosecutor. Several factors might persuade a prosecutor to consider reducing the charge:
- Weaknesses in the prosecution’s case: The prosecution must prove every element of the felony DUI beyond a reasonable doubt for the charges against you to stick. If there’s insufficient evidence regarding your level of impairment, a lack of proof that your impairment directly caused the great bodily injury or death (if applicable), or issues with witness credibility, the prosecutor might be more open to negotiating a plea to a lesser charge.
- Evidence collection errors: Mistakes made during the investigation or evidence handling can significantly weaken a case. This could include improperly administered field sobriety tests, breaking the chain of custody of evidence collection, or issues with the calibration and maintenance records of breathalyzer devices used.
- Issues with the traffic stop: The police must have legal grounds to pull you over. If the stop was unlawful, any evidence gathered as a result of that stop, including DUI evidence, could potentially be suppressed by the court and potentially force a reduction or dismissal.
If you’re interested in pursuing a reduction, let your attorney know as soon as possible. They’ll help you determine if there are enough weaknesses in the prosecution’s case to successfully argue for reduced charges.
That said, reductions aren’t common. Your South Carolina DUI defense attorney will need to present a clear case as to why your charges should be reduced and successfully sway the court or jury to your side. Your attorney will help you understand if this is an option and can work with you to build the strongest case possible.
What Happens if Your Charges Are Reduced?
Every case is unique, but if your felony charges are reduced, you could face less jail time, lower fines, shorter license suspensions, and other reductions in the penalties levied against you. Again, your attorney will be able to explain what’s changed and what you can expect moving forward.
How to Set Your Case up for Success
Just because reductions can be tough to win doesn’t mean it’s impossible. Here are a few tips to help you set your case up for success:
- Hire an experienced South Carolina DUI defense attorney as soon as possible. Look for an attorney who is familiar with cases like yours and who has helped win cases like yours in the past.
- Be as honest as you can about your case when discussing details. Give as much information as you can and, even if it’s awkward, be honest. Remember, your attorney isn’t there to judge you. They’re there to help you.
- Document everything. This includes what you remember about the traffic stop, your arrest, the questions the police asked, and any tests performed. Be sure to note any witnesses who could testify on your behalf as well as any inconsistencies that seem concerning.
- Listen to what your attorney tells you to do. If they ask for specific evidence, documents, or other information, provide it to them as soon as possible. And if they ask you to do something or stop doing something, follow their instructions. This could help strengthen your case in the long run.
Schedule a Consultation Today
If you’re facing felony DUI charges, don’t wait. Speak with an experienced South Carolina DUI defense attorney now. Contact Truslow & Truslow to schedule a free consultation and let our team help you build the best case possible.