Getting To The Truth: 6 Common Myths About South Carolina DUI Debunked

How Do People’s Misconceptions About DUI Lead To Worse Outcomes?

Many people believe that if they are accused of a DUI, there’s no point in defending themselves or hiring an attorney. This is a misguided approach. Regardless of the circumstances, everyone has the right to a robust defense in court, which can significantly improve the final outcome of a case. Here are some common misconceptions about DUI that you should avoid:

• Inevitable Guilt

You may think that if you fail a breathalyzer test or show signs of impairment, a conviction is inevitable. However, DUI cases often involve complex legal, factual, and procedural elements that can be challenged. If successful, it can dramatically change the outcome of your case.

• Self-Representation Will Suffice

While some people believe that representing themselves is sufficient, especially if they plan to plead guilty. This can lead to unanticipated consequences, as they may not be aware of potential defenses or mitigating factors that an experienced attorney could present. No one will be on their side on court, as the prosecutor and Judge are not going to be looking out for their best interest. Don’t fall into this trap.

• Minor Consequences For First Offenses

There’s a misconception that a first DUI offense won’t have serious repercussions. In reality, you can face severe penalties even if you’re only a first-time offender, including potential jail time, a permanent criminal record, fines, license suspension, and increased insurance rates.

Beyond this, these are the top six misconceptions we address every day:

1. Does Your Blood Alcohol Level (BAC) Start Dropping Immediately When You Stop Drinking?

Your BAC does not immediately start dropping after you stop drinking. Most people’s BAC continues to rise for 20 minutes to an hour after they stop drinking—even longer in certain cases. This is important to consider when deciding whether to submit to a breathalyzer test during a DUI investigation.

2. Do You Need To Be Physically Driving To Be Charged With A DUI?

You don’t need to be physically driving to be charged with a DUI, but the state must prove that you were driving to secure a conviction. The prosecution can use circumstantial evidence to establish this. 

For instance, if you’re found standing outside your vehicle, alone, with a hot engine hood, and you admit to driving, this could be enough for a conviction, even if the officers did not witness you driving.

3. Can You Get A DUI When You’re On Private Property?

In South Carolina, there is no private property exception to DUI laws. So you can still be arrested and prosecuted for DUI if you’re driving a motor vehicle while materially and appreciably impaired by alcohol or drugs, regardless of whether you’re on a private road, public road, parking lot, or any other type of road.

4. Will Your Charges Be Dropped If You Weren’t Read Your Rights By The Arresting Officer?

South Carolina DUI law requires that anyone arrested for DUI be read their Miranda rights, and this must be recorded on video. Whether this requirement is met can be a critical issue in your case. 

A persuasive argument could lead a judge to dismiss your case if your rights were not properly administered. However, some judges might side with the prosecution and allow the case to proceed, even if the defense believes the rights were not properly read.

An experienced DUI defense attorney will know exactly what to look for and then make the most persuasive arguments in court to persuade the Judge to rule in our favor.

5. Will A Breath Mint, A Penny Under The Tongue, Mouthwash, Or Coffee Fool The Breathalyzer Test?

It’s extremely unlikely that you can trick a breathalyzer test with these methods. Many people have tried these tricks and still received positive BAC readings. Relying on these myths is not wise, and it’s certainly not a recommended strategy for avoiding DUI charges.

6. If You Know That You Were Driving Under The Influence, Should You Just Plead Guilty To Get The Case Over With? 

There are several unintended consequences of a DUI conviction that you would want to avoid, so it’s best not to plead guilty even if you knew you were driving under the influence. 

An experienced DUI attorney can often secure a much better outcome, even if you believe you are guilty. It’s vital to have an attorney who understands the system and can navigate your case to ensure you receive the best possible result, given your facts and circumstances.

Final Thoughts

If you’re stopped for a DUI investigation, it’s essential to exercise all your rights. You must provide your license, registration, and proof of insurance, and comply with requests to step out of the vehicle if asked by law enforcement. However, beyond this, you are not obligated to make any statements, answer any questions, participate in field sobriety tests, or take a breathalyzer test.

Many people mistakenly believe they must comply with all law enforcement requests, but these are your rights. Exercise them, and contact us immediately to represent you in court. We can help secure a favorable outcome and allow you to move forward with your life without devastating consequences.

Still Have Questions? Ready To Get Started? 

For more information on DUI In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (843) 856-2222 today.

Attorney Michael Sahn, founder of Sahn Law Firm — Attorneys at Law in South Carolina, is a highly skilled and top rated lawyer with extensive experience in DUI defense. He's successfully represented countless clients facing DUI charges and thoroughly understands the ins and outs of DUI law, as well as common misconceptions that can lead to severe legal consequences. His knowledge and experience ensure that you receive a robust and informed defense, maximizing your chances of a favorable outcome.

If you’re facing a DUI charge, contact Sahn Law Firm to get the knowledgeable representation you need to protect your rights and future.