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Holland & Usry, P.A.

How a Spartanburg DUI/DUAC Lawyer Can Help Win Your Case

When you’re limping around under the dark cloud of shock and humiliation of a DUI/DUAC arrest in Spartanburg or nearby, it can be impossible to think you could ever win your case. After all, the officer was so confident. No one likes DUIs. You already feel branded as a criminal.

Remember this: when it comes to DUIs, you’re an amateur, even if it’s not your first one. You need a professional. Let an experienced DUI defense lawyer shine a light on your case. Here are just five main ways an experienced Spartanburg DUI/DUAC defense lawyer can help you.

The experienced DUI/DUAC defense lawyers knows:

  • What facts are important to show a jury you weren’t impaired. In a SC DUI, the State must prove beyond a reasonable doubt your ability to drive was “materially and appreciably impaired.” And that’s the word an experienced DUI lawyer focuses on: impaired, never “drunk.” I typically argue to juries that “materially and appreciably” means significantly and noticeably. If the officer did his job, there are probably videos of you from the time you were pulled over until you left the breath test room. A lot of facts can be highlighted from those videos to show you were physically and mentally capable of driving.
  • How to find the facts to help your case. Most lawyers file discovery motions, but other research can be done to help your case. If you gave a breath sample, the history of the machine can be researched, which could show it’s malfunctioned before. You can also do research on the officer’s experience and training; an inexperienced officer is more likely to reach the wrong conclusion about you.
  • The complexities of the law. DUI/DUAC law is very complex, and it contains a number of provisions that can be very helpful to you. Our state is blessed with a mandatory DUI video law, which requires officers to video certain steps and advise you of many rights. While there are exceptions, they are very strict. Unexcused video violations can get your case dismissed. The seasoned DUI defense lawyer knows what to look for and how to capitalize on video violations to maximize your chances of getting your case dismissed, get evidence thrown out, or maybe help get you a better deal.
  • How to use the law and the facts to build the best possible defense. Attorneys who regularly defend DUI cases use the facts they gather to develop motions to dismiss the case or throw out harmful evidence based on the law, which can possibly end or hopelessly cripple the State’s case. At trial, these lawyers can highlight the facts that help you by cross-examining the State’s most important witness: the officer. DUI/DUAC trial lawyers know how to neutralize harmful facts, like why you looked so bad on the field sobriety tests. (By the way, everybody does—that’s what they’re for.) A lawyer who’s gone to trial on many DUIs will know how to demystify the data master machine if you took a breath test, showing the judge or jury it’s just a machine, not the scientific wonder the State wants people to think it is.
  • How to convince a judge or jury to see things your way. Experience is the greatest teacher. A lawyer who makes DUI/DUAC defense part of his career spends long hours in the office and in the laboratory of the trial lawyer, the courtroom. These are professionals who devote their hearts and minds to the art and science of convincing folks that the State just can’t prove you guilty.

If you have a DUI/DUAC in Spartanburg, you’re right to wonder how you can ever win it alone. The truth is, you probably can’t. To give yourself the best shot, you owe it to yourself to meet with an experienced DUI/DUAC defense lawyer.

If you have any other questions about these cases, check out our free report that covers a lot of questions we get about these cases. You can download it from our site, right here.

You can also email or start a live chat from right here, or you can call us at 864.582.0416 or toll free at 888.230.1841 for a free meeting to discuss your case to see what we can do to help you. Don’t give up—the stakes are high, and you may have a winnable case.

 

Rob Usry
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Rob is a South Carolina personal injury and criminal defense lawyer.

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