DUI and DWI Litigation
South Carolina DUI and DWI attorneys
“DWI” is an acronym that means “driving while intoxicated,” while “DUI” stands for “driving under the influence.” Despite the different names, these are essentially the same crime. They both involve a driver operating a motor vehicle or motorcycle under the influence of any intoxicant, such as drugs or alcohol.
Normally, people charged with DUI/DWI have no intention of doing any harm but still suffer the repercussions of their actions. DUI/DWI charges carry stiff fines, loss of driving privileges and can even result in jail sentences.
Police officer observations
In many DUI and DWI cases, a prosecuting attorney will rely very heavily on the police officer’s observations while presenting his or her argument. The first source of study comes when a police officer observes a suspect’s driving.
This is almost always the basis for an officer to pull a suspect over. Certain behaviors can cause police to conjecture the driver is intoxicated.
These indications include:
- Driving across the center line
- Driving at a very slow speeds
- Driving at uneven speeds
- Hesitating at green traffic lights
- Running a red traffic light
Once a police officer has probable cause to stop a driver, he or she will begin to pay careful attention to the driver’s personal behaviors. Some suspicious behaviors that may appear to be caused by intoxication (but very often have other causes) may include:
- Pupil enlargement
- Bloodshot eyes
- Slurred speech
- Stumbling or not being able to walk well
- Inappropriate joking or incoherent speech
Field sobriety tests
If a police officer believes he or she has probable cause to consider a driver is under the influence, he or she may administer field sobriety tests. Some common tests include but are not limited to:
- Standing on one leg – driver is asked to stand with his or her arms down with one foot suspended approximately six inches off the ground
- Walk-and-turn – driver is asked to walk a straight line, with the heel of one foot touching the toe of the other, before turning and walking back to the starting point
- Horizontal gaze nystagmus – driver is asked to track a moving object, usually a penlight, with his or her eyes while holding his or her head still (nystagmus is when the eyes jerk or bounce upon reaching the far horizontal point and indicates intoxication)
- Saying the alphabet – driver is asked to recite the alphabet smoothly and without any mistakes, either forwards or backwards
Blood alcohol content (BAC)
Testing a person’s blood alcohol content may seem like a definitive form of testing to see if someone is intoxicated but it can often be faulty. BAC is obtained through blood, usually when an accident occurs, or through a breathalyzer exam.
Unfortunately, breathalyzer’s can be delicate machines that need proper servicing. If they are not well maintained they can easily return incorrect readings. Other field sobriety tests are also questionable because certain conditions can mimic the so-called classic signs of intoxication.
Do not attempt to settle your DUI or DWI case without representation. Jekel-Doolittle, LLC, can explain how to limit the negative repercussions of your driving under the influence charges.
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Call us today at (843)654-7700 or feel free email us to determine how Jekel-Doolittle, LLC, can help you.
