What Is A Good DUI Defense?

If you’ve been charged with a DUI in Charleston, you’re probably wondering, what is a good DUI defense South Carolina? This article will discuss the issues of physical impairment and the reliability of field sobriety tests. It will also discuss the importance of hiring a DUI lawyer. You’ll also learn about other possible defenses to your case, such as the refusal to take a test.

Unreliability of field sobriety test results

One of the most common arguments used against field sobriety tests is the unreliability of their results. The tests are not standardized, and different individuals will perform them in different ways. Moreover, people may not be aware of their limitations and circumstances during the test. As a result, the officer may make an error by misinterpreting a person’s response. There is also the possibility of other confounding factors that may affect the results.

Although there are several types of field sobriety tests, no one has ever been able to establish that any of them are 100% accurate. Among these are the horizontal gaze nystagmus test, which looks for involuntary eye movements. It involves asking the person to stare at a specific point in space and recording the results.

Physical impairment

DUI defenses often revolve around the physical and mental impairment of a driver. The police report will usually include preprinted boxes for physical signs of impairment. But, these tests rarely include videotaping a suspect to verify whether he or she was actually drunk. This is because a lot of these symptoms can be caused by other factors. They can include tiredness, flu, or even injury or illness. A DUI defense attorney can use this fact to demonstrate that the person’s actions were not a result of alcohol or drug use.

A person with epilepsy might show physical signs of impairment during a traffic stop. They may experience seizures or have trouble concentrating. In addition, they may have trouble speaking and unsteadiness on their feet. In some cases, the police officer will mistake this for alcohol impairment.

Refusal to take a test

Refusal to take a test can be a strong defense to DUI or DWI charges. This defense is based on the fact that police must follow proper guidelines when administering DUI tests. If the driver is unable to understand or is unsure of the test’s procedures, he or she may not be able to give a valid answer. In such cases, the driver’s refusal to take a breathalyzer test becomes a strong defense.

While a refusal to take a breath or blood test is not an absolute defense, it is one of the strongest possible defenses to a DUI case. Refusal to take a test may prevent a DUI prosecution and result in a suspended license. The law also allows for non-consensual blood tests, but only in rare circumstances.

Getting a lawyer in a DUI case

The DUI process can be complex, and having a lawyer on your side is crucial to getting a good result. Your DUI attorney can help you obtain a lower charge by negotiating on your behalf with the prosecution. They can also help you avoid penalties like increased auto insurance rates and license suspension. With the right help, you may be able to avoid jail time and a heavy fine.

The average fine for a first-time DUI is $390 and can reach as much as two thousand dollars. If you have been drinking and driving, you will probably also be required to complete traffic school and alcohol treatment programs. These classes can cost $150 to $500. In addition, the DMV will require you to pay fees for hearings to challenge a license suspension. In Washington, for example, license reinstatement fees cost $150.