When you’re hit with a DUI charge in South Carolina, it can feel like the world is suddenly upside-down. Your license, your job, your reputation… everything feels at stake. But here’s the truth most people don’t realize:
A DUI case is only as strong as the evidence behind it. And the evidence is almost always more complicated, and more challengeable, than people think.
Whether you blew over the limit, “failed” field sobriety tests, or were caught on camera, the story isn’t over. Not even close.
We at Seibert Law and Mediation break down DUI evidence and walk through what actually matters, why it matters, and how each piece of evidence can be challenged or even thrown out.
Police Reports. The “Official Story”… but Not Always the Accurate One
Prosecutors love to start with officer testimony and police reports. They outline:
- Why the officer pulled you over
- What they say you looked like
- How you “performed” on sobriety tests
- Why you were arrested
But Police reports are not gospel. Officers make mistakes every day.
If the officer didn’t have reasonable suspicion or probable cause, the entire arrest can be challenged. And if the report misstates or exaggerates what happened? That also opens the door for a defense.
Dashcam & Bodycam Footage. Your Best Friend or the State’s Worst Enemy
South Carolina requires DUI stops to be recorded.
That footage can show:
- How you were actually driving
- Whether you were steady or stumbling
- Whether the officer followed proper protocol
If the video contradicts the officer’s report, and it happens more than you might think, prosecutors suddenly have a problem.
And if the video doesn’t exist? The charge may be thrown out.
Breathalyzer and Blood Test Records. Not Nearly as “Scientific” as They Sound
Prosecutors love to say:
“You blew over the limit, case closed.”
But the truth? Those numbers are only as reliable as the machines and the humans using them.
Breath and blood tests can be flawed because of:
- Bad calibration
- Old or poorly maintained machines
- Mishandled blood samples
- Health issues like GERD, diabetes, or ketosis
- Human error
If the test process wasn’t correct, the results may be tossed and your case could become much stronger.
Witness Testimony. Not Just “He Said, She Said”
Passengers, bystanders, or anyone who saw you before or during the stop can help:
- Confirm you weren’t drunk
- Confirm you didn’t drink until AFTER driving
- Show you behaved normally
Expert witnesses like toxicologists can also call to question the credibility of test results or how tests were performed.
Field Sobriety Tests. The Most Misleading Evidence of All
These tests are:
- Subjective
- Hard to perform even sober
- Affected by weather, shoes, nerves, and medical issues
Uneven pavement?
Bad lighting?
Old knee injury?
Vertigo?
Heavy boots?
All of these can mimic “impairment.” You’d be shocked how often FSTs are flat-out unreliable.
Medical & Personal Records. The Hidden Evidence That Saves Cases
Things like:
- Fatigue
- Anxiety
- Illness
- Allergies
- Prescription meds
- Neurological conditions
…can make you “look” impaired when you weren’t.
Even receipts, timestamps, or messages can show you drank AFTER driving — not before.
Officer Training Records. Did They Even Know What They Were Doing?
Officers need updated training and certification to conduct:
- Field sobriety tests
- Breath tests
- Drug recognition evaluations
If they weren’t properly certified or trained?
That evidence becomes shaky.
Alternative Explanations for “Impairment.” Totally Legal, Completely Misinterpreted
Stuff officers often mistake for DUI:
- Swerving to avoid a pothole
- Red eyes from allergies
- Slurred speech from fatigue
- The smell of spilled alcohol
Small everyday factors can suddenly look like “signs of impairment” — unless your attorney can explain the real story.
Constitutional Rights Violations
If the stop, search, or arrest wasn’t legal, the case may collapse. Violations include:
- No reasonable suspicion
- Unlawful search
- Not reading Miranda rights
- Not recording the stop
- Improper breath test procedures
DUI Evidence Isn’t a Hammer. It’s a Puzzle.
Every DUI case has holes.
Every test has flaws.
Every officer makes mistakes.
The key is knowing how to find those weaknesses — and proving them clearly and effectively.
However, Defendants also make mistakes. Be careful what you say. Be careful what you post on social media, if you need to post anything at all.
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 the details of your case 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 your case. You don’t have to face a DUI charge alone.
Seibert Law and Mediation serves both 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.
Keywords:
- DUI lawyer Charleston SC
- Charleston DUI attorney
- South Carolina DUI defense
- DUI arrest in Charleston
- DUI penalties SC
- SC DUI evidence
- Best DUI lawyer Charleston
- Defending DUI charges in SC
- What evidence is used in a DUI case
- Challenging DUI evidence
- Police mistakes in DUI stops
- Breathalyzer errors SC
- Blood test contamination DUI
- Field sobriety test accuracy
- Dashcam DUI evidence
- Bodycam DUI evidence
- Illegal traffic stop SC
- Miranda rights DUI
- Fourth Amendment DUI stop
- Unlawful search DUI
- DUI police procedure South Carolina
- Officer training DUI cases
- Breathalyzer calibration issues
- Faulty breath test defense
- BAC testing errors
- Blood alcohol test defense
- Health conditions affecting BAC
- GERD breathalyzer false positive
- Diabetes BAC false reading
- South Carolina criminal defense
- Charleston municipal court DUI
- Charleston county DUI lawyer
- Criminal charges Charleston SC
- SC DUI courtroom process
- What to do after a DUI arrest
- Can DUI charges be dismissed in SC?
- Should I take a breathalyzer in SC?
- How to fight a DUI in court
- First-time DUI in South Carolina