In South Carolina it is a crime to drive a motor vehicle anywhere in the state while your faculties to driver are materially and appreciably impaired due to the consumption of alcohol or drugs or a combination of alcohol and drugs. In the interest of public safety, this law targets and punishes driving while impaired. The impairment can be the result of consuming alcohol, illicit drugs, and/or legally prescribed medications.
DUI is a unique criminal offense in that the "fact" that a crime was even committed is a matter of opinion. The mere act of drinking an alcoholic beverage and then driving or taking prescribed or over the counter medication and then driving is not sufficient to prove the offense of Driving Under the Influence. The State must prove both driving and significant and measurable impairment. Implicitly, proof of impairment of the faculties necessary to drive a motor vehicle requires proof that the mental and physical faculties are impaired.
The kind of proof presented to prove the officer's opinion can be divided into two categories; evidence from the roadside investigation and evidence of blood alcohol concentration. Historically, the proof typically offered to prove the arresting officer's opinion that the crime of DUI was committed consisted of a description of some driving defect and then a list of things the officer perceived with his senses. For example, often the arresting officer would testify to having "detected the strong odor of an alcoholic beverage," hearing slurred speech, observing that the driver was unsteady on his feet.
As law enforcement agencies have developed DUI Task Forces and other specially trained DUI interdiction units; the proof offered in most cases has taken a turn toward more scientific, quasi-scientific and even pseudo-scientific evidence. Often officers involved in DUI interdiction have undergone advanced training and completed certification programs in the administration of standardized field sobriety tests, drug recognition, and the administration of breath tests. These officers have also been trained on effective courtroom presentation to better prepare them to present their case. In order to mount a successful challenge to the allegation of driving under the defense must be experienced in each of these areas.
Drew Carroll and the DUI Defense Team at the Carroll Law Firm have the experience to challenge every aspect of the State's evidence.
