Evidence in a DUI Case
When you are under a DUI investigation by police in South Carolina the police have already begun collecting evidence to use against you before they even get out of their own vehicle and talk to you.
Below is a quick review of the type of evidence that will be used by the government to prosecute a DUI case against you.
Traffic Stop: By the time you have been stopped by police they have already began collecting evidence against you before they have even spoken to you.
How you were driving, whether you stopped your vehicle in a controlled manner, are all factors that police use when conducting a DUI investigation.
Field Sobriety test: Once the officer has conducted an interview with you while you are still seated in your vehicle if they believe you are under the influence you will be asked to step out of the vehicle and perform a field sobriety test (SFST).
Police do not have to tell you that they are going to administer the test and often don't.
This test is required to be video recorded in South Carolina and based on your performance of the SFST you will either be free to leave or arrested.
Arrest: Once arrested you will be asked to submit to a breath test usually at another location, usually at the nearest jail or police department.
Again, you will be video recorded which all will be used as evidence against you in court, the only difference here is that police are required by law to inform you that you are being video recorded.
Implied Consent: In South Carolina the moment you receive your driver's license you have entered into a contract with the state of South Carolina whereby you have agreed to submit to a breath test when asked by police.
When you are asked to give a breath test the police must inform you of the obligation to submit to a test or your license will be suspended immediately.
If you refuse to give a breath test your license will be suspended for at least six months, or one month if you provide a breath sample that registers higher than 0.
15.
Breath test: In South Carolina the machine that is used throughout the whole state is called the Datamaster.
This machine measures the level of blood alcohol content (BAC) from the breath sample that you provided to police and will be relied upon by the police to prosecute your case and is admissible in court as evidence that you were driving under the influence of alcohol.
Test procedures: Statutory law in South Carolina requires that a breath test be administered within two (2) hours of an arrest or the sample will be inadmissible against you in court as evidence.
If police want to take a blood sample from you then they must do so with three (3) hours of placing you under arrest or like the breath sample, it too will be inadmissible against you as evidence.
Below is a quick review of the type of evidence that will be used by the government to prosecute a DUI case against you.
Traffic Stop: By the time you have been stopped by police they have already began collecting evidence against you before they have even spoken to you.
How you were driving, whether you stopped your vehicle in a controlled manner, are all factors that police use when conducting a DUI investigation.
Field Sobriety test: Once the officer has conducted an interview with you while you are still seated in your vehicle if they believe you are under the influence you will be asked to step out of the vehicle and perform a field sobriety test (SFST).
Police do not have to tell you that they are going to administer the test and often don't.
This test is required to be video recorded in South Carolina and based on your performance of the SFST you will either be free to leave or arrested.
Arrest: Once arrested you will be asked to submit to a breath test usually at another location, usually at the nearest jail or police department.
Again, you will be video recorded which all will be used as evidence against you in court, the only difference here is that police are required by law to inform you that you are being video recorded.
Implied Consent: In South Carolina the moment you receive your driver's license you have entered into a contract with the state of South Carolina whereby you have agreed to submit to a breath test when asked by police.
When you are asked to give a breath test the police must inform you of the obligation to submit to a test or your license will be suspended immediately.
If you refuse to give a breath test your license will be suspended for at least six months, or one month if you provide a breath sample that registers higher than 0.
15.
Breath test: In South Carolina the machine that is used throughout the whole state is called the Datamaster.
This machine measures the level of blood alcohol content (BAC) from the breath sample that you provided to police and will be relied upon by the police to prosecute your case and is admissible in court as evidence that you were driving under the influence of alcohol.
Test procedures: Statutory law in South Carolina requires that a breath test be administered within two (2) hours of an arrest or the sample will be inadmissible against you in court as evidence.
If police want to take a blood sample from you then they must do so with three (3) hours of placing you under arrest or like the breath sample, it too will be inadmissible against you as evidence.
