The city of Charlotte, NC, illuminated by a vibrant sunset

Criminal Defense and Injury Law Blog

Here for you when you need it most

Get Started Here
Man holding a breathalyzer

What Defenses are Available for a DUI Charge?

It is an extremely stressful situation to be facing a DUI charge, and it’s completely understandable to feel overwhelmed and worried about the consequences. However, always know there are defenses available to help prevent a conviction or minimize your penalties whenever possible.

To identify the defenses that apply to your case and present these defenses effectively, immediately seek representation from a knowledgeable South Carolina DUI defense attorney. The Law Office of Mo Abusaft is ready to support you and explore all possible defenses to fight against the DUI charge you are facing.

Defenses for DUI Charges

Here are some of the defenses that a skilled South Carolina DUI defense attorney can explore and present on your behalf, depending on your circumstances.

Lack of Probable Cause

One common defense strategy is to challenge the validity of the traffic stop that led to the DUI arrest. If law enforcement officers did not have a valid reason to pull you over, your attorney may argue that all the evidence they obtained after the stop should be suppressed, including any evidence of your intoxication.

Challenging Field Sobriety Tests

Field sobriety tests are often used by law enforcement to assess a driver’s level of impairment. However, these tests are not always conducted properly, so the results are not always accurate and can be influenced by various factors. Your attorney may challenge the results of these tests to undermine the prosecution’s case.

Inaccurate Breathalyzer Results

Breathalyzer tests are commonly used to measure a driver’s blood alcohol concentration (BAC). Issues such as improper calibration or maintenance of the breathalyzer device can lead to inaccurate results. Your attorney may challenge the reliability of the BAC evidence presented by the prosecution.

Medical Conditions

Certain medical conditions or factors, such as acid reflux, can impact the results of a breathalyzer test. Your attorney can investigate whether any underlying medical conditions may have affected the accuracy of the BAC readings.

Rising Blood Alcohol Defense

In some cases, a driver’s BAC may rise between the time of driving and the time of testing. This “rising blood alcohol” defense can be used to argue that the driver was not above the legal limit while operating the vehicle.

Violation of Your Rights

If law enforcement officers violated any of your other constitutional rights during the arrest or investigation process, your attorney can file a motion to suppress evidence based on these violations.

Never Delay Consulting a South Carolina DUI Defense Attorney

If you are facing a DUI charge in South Carolina, it’s essential to have a skilled and experienced South Carolina DUI defense attorney on your side. At the Law Office of Mo Abusaft, our team is dedicated to providing aggressive representation and strategic defense strategies for individuals facing DUI charges.

To explore all possible defenses for your DUI charge in South Carolina and to receive experienced legal guidance, contact the Law Office of Mo Abusaft at 864-406-8941. Our team is ready to assist you during this challenging time.