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Some say DUI laws need an overhaul

On Behalf of | Sep 2, 2018 | Uncategorized

Residents in South Carolina who are arrested for suspected drunk driving should know that there are many factors that may contribute to the future outcome of their cases. Certainly evidence that may be used against them could include breath, blood or urine tests results showing a blood alcohol content at the time of their arrest. They may also have been asked to participate in field sobriety tests and these results may contribute to the case outcome. 

However, there are other factors that are important to note and these are essentially administrative procedures that officers are legally bound to follow. If these procedures are not adhered to, a defendant may have new opportunities to have a case dismissed or have charges reduced.

As reported by Greenville News, one of these procedures is the requirement that law enforcement officers get video footage of every moment of a drunk driving stop and arrest. The lack of video images for any or all of an arrest may result in a case being dismissed totally. This is actually what happened in at least one case where despite audio of the reading of Miranda rights, a man charged with a first driving under the influence case was not convicted.

Some are angry about this reality and are pushing for the laws to be changed so that the legal requirements to convict a suspected drunk driver are not as stringent. Others are saying that it is not the laws that are the problem but the fact that officers are not following them.