If you are facing DUI charges in Charleston, South Carolina, then you need a skilled criminal defense attorney to help you beat the charges. You may be tempted to accept a plea bargain because you think it’s the only wait to deal with the situation for the best outcome. The reality is that this is not always in your best interests. If you accept a plea bargain, then you still have a criminal conviction on your record. This can cause you to lose your job, be unable to get certain jobs, be unable to maintain or afford auto insurance, and even be unable to travel abroad.
Many people who find themselves in this situation don’t realize the significance of the impact of a DUI conviction on their lives and futures. This is why it is so important to talk to an attorney before making any decisions that could have such serious consequences. Today, we’re going to look at the most important things that you need to know before you make a life altering decision in a Charleston, South Carolina, DUI criminal defense case.
The Burden of Proof in a Charleston, South Carolina, Criminal Defense Case is on the Prosecution
Whenever you are facing a DUI charges in Charleston, South Carolina, the burden of proof is always going to be on
the prosecution. This means that the prosecution has to prove that you are guilty, rather than you having to prove that you are innocent. You are presumed innocent until you are found guilty by a court of law (or until you accept a plea bargain in which you admit guilt). Therefore, if the evidence is not there to prove that you were driving under the influence of drugs or alcohol, then you cannot be convicted. Further, if the evidence is not reliable or believable, then you may not be found guilty. This is important to understand because there are many cases where the evidence is faulty. For example, the machine that was used to measure your blood alcohol level could be faulty. Or, it may be that you were not actually operating a vehicle. In other cases, the test was not given at a time that is consistent with proving that you were driving under the influence. There are many ways to challenge the evidence against you, and you might not have to accept a conviction on your record after all.
Situations Where the Evidence Against You Could Be Thrown Out in a DUI Criminal Defense Case
It is not uncommon for people who are accused of driving under the influence to be mistaken about the odds of successfully defending their innocence. Many people feel that the evidence of DUI charges against them are too strong and there is no way out. For those who know they are innocent and for those who may be guilty, there is often a very powerful sense of defeat. This leads to making decisions that are not in your best interest, such as accepting a plea bargain before talking to a Charleston, South Carolina, criminal defense attorney. You may not even realize that there are plenty of situations where the evidence against you could be thrown out in a DUI criminal defense case. For example, if the machine used to test your blood alcohol content was not properly calibrated or was not properly maintained, then it is possible to have the test results thrown out because of this. The same is true if the test was not properly administered. Then, there are cases where no machine is used to test your blood alcohol content, and the arrest and charges are based on an unreliable field sobriety test. Whatever the case, you don’t want to make any potential life-altering decisions without legal advice.
The Procedures of the Arresting Officer Could Also Get Evidence Thrown Out of Court
Another common mistake that people make when accused of DUI charges in Charleston, South Carolina, is not realizing that there are certain procedures that the arresting officer must follow for the arrest to be legal. It is not uncommon for police officers to make mistakes or fail to follow certain procedures that are required of them. If this happens in your case, then you may be able to establish reasonable doubt. Again, the burden of proof is on the prosecution, and reasonable doubt is all you need to get a not guilty verdict. In many cases like this, the case is thrown out before it ever goes to trial.
Being Arrested for DUI Charges is Not a Guarantee That You Are Guilty of the Crime
While being arrested for a DUI in Charleston, South Carolina, can be extremely stressful and upsetting, and you might even feel hopeless, it is essential to remember that an arrest is not an immediate guilty verdict. Many people are arrested when they are innocent, and a skilled Charleston, South Carolina, defense attorney can help you. It is also common for people to think that their best hope of salvation is going to come from the prosecution when they start offering plea arrangements. This is not true, either. Your best possible outcome will vary based on the charges against you and the validity of the evidence, but only a criminal defense attorney is going to really help you get that best outcome.
Contact the Charleston, South Carolina, Criminal Defense Attorneys at the David Aylor Law Offices
If you or a loved one is facing DUI charges in Charleston, South Carolina, contact the criminal defense attorneys at the David Aylor Law Offices to schedule a free consultation. We will work hard to investigate the evidence against you, find out if all proper procedures were followed, and fight to get the best outcome for your case. You need to be aware of your options and the consequences that may come with a conviction. You don’t want to make a decision without being fully aware of the implications of that decision and the other alternatives available to you. Call today to schedule your consultation and learn everything you need to know about defending your DUI charges.
David Aylor is a Criminal Defense Attorney who practices in Charleston, Walterboro, and Myrtle Beach, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 11 years. David Aylor believes in defending the accused. Learn more about his experience by clicking here.