A DUI arrest in South Carolina doesn’t come out of nowhere. In fact, DUI cases usually begin in one of a handful of predictable ways and each scenario affects what evidence police can gather, what your rights are under the Fourth Amendment, and how your DUI defense attorney can challenge the case.
Understanding how your DUI started is the first and most crucial step in protecting your driving privileges, record, and future.
As a Charleston DUI attorney, I see these patterns play out every week. Here are the most common ways DUI charges start in South Carolina.
The Traffic Stop
Most South Carolina DUI arrests begin with a routine traffic stop: speeding, drifting over a lane line, a broken taillight, or an expired registration.
But a traffic stop is a Fourth Amendment seizure, which means the officer must have probable cause to pull you over. Radar readings, lane violations, and suspended tags can create probable cause—but hunches, late-night assumptions, and gut feelings should not.
If the court finds the traffic stop was illegal, the evidence gathered after the stop can usually be suppressed, which can lead to a complete dismissal of the DUI charge.
South Carolina requires most DUI traffic stops to be video-recorded, and these videos frequently contradict an officer’s written report. We’ve had DUI charges dismissed because dashcam footage showed:
- no swerving
- no missed turn signals
- no weaving
- or no clear traffic violation at all
If the stop wasn’t justified, the DUI case may collapse.
DUI After an Accident
DUI cases involving accidents are treated more seriously by South Carolina courts, even when no one is physically injured. Anyone else involved is typically labeled a “victim,” which raises the legal stakes.
If you’re involved in a crash and police suspect impairment:
- Do not answer questions
- Do not give statements
- Do not speak with insurance representatives
- Contact a South Carolina DUI defense attorney immediately
Accident-related DUIs often involve complex evidence issues, timing problems, and insurance risks that require immediate legal guidance.
The DUI Checkpoint
DUI checkpoints (roadblocks) are an exception to the usual probable-cause requirement, but they still must follow strict constitutional standards.
Police must publish advance notice of the checkpoint’s location, date, and purpose. Officers may request your license and insurance, but you do not have to answer questions about drinking, your destination, or where you’ve been.
South Carolina courts routinely dismiss DUI cases when:
- checkpoint procedures weren’t followed
- advance notice wasn’t properly published
- officers deviated from required methods
Checkpoint DUIs also lack one major piece of evidence, the element of driving behavior. Because officers never see you drive, they have no real-world evidence of swerving, speeding, or erratic behavior, which can often weaken the prosecution’s case.
The Occupied Vehicle DUI
Many DUI arrests occur when someone is parked and sometimes sleeping in the driver’s seat, trying to wait it out.
South Carolina law requires proof of actual driving while impaired.
Simply sitting behind the wheel of a non-moving vehicle is not enough for a DUI conviction.
If you were not driving, you may have a strong defense.
The After the Fact or Made It Home DUI
Police will sometimes arrive at a driver’s home after a minor accident, a citizen complaint, or a license plate being reported. Officers may show up hours after the alleged driving occurred.
You are not required to open your door.
But if you do, officers may use your statements or appearance to justify a DUI arrest, even without witnessing you drive.
These after-the-fact DUIs often involve weak evidence and significant legal challenges.
Why does all this matter? The way your case starts determines:
- whether the stop was legal
- what evidence can be used in court
- whether checkpoint rules were followed
- whether video supports or contradicts the officer
- and ultimately, whether your case can be dismissed or reduced
DUI defense in South Carolina is technical and detail-driven. Small facts often make the biggest difference.
Protect Your Record, Your License, and Your Future
If you’ve been charged with DUI in Charleston or anywhere in South Carolina, the most important step you can take is to speak with an experienced DUI defense attorney immediately.
At Seibert Law and Mediation, we analyze every detail of how your case began and build a targeted strategy to protect your rights.
Contact Seibert Law and Mediation for a confidential consultation. If you need help, reach out to speak to us at (843) 554-0685 or via text at (843) 594-2101. Your defense starts today with understanding how your case begins. You don’t have to face a DUI charge alone.
Seibert Law and Mediation serves lowcountry South Carolina in: Charleston, Johns Island, West Ashley, James Island, Daniel Island, Mount Pleasant, Summerville, Goose Creek, Moncks Corner, and surrounding communities as well as upstate South Carolina in Spartanburg and Greenville, and surrounding communities.