There are two things that I can say with definite certainty about DUI defense law:
There is no “type” of person who is more or less likely to
be charged with DUI.
Many people who are arrested are not guilty of DUI or any other crime.
DUI is sometimes referred to as a “good guy” crime. Many times
those charged have no prior criminal record and excellent driving records.
They are school teachers, barbers, executives, ministers, physicians,
cashiers, and everything in-between.
Anyone and everyone could be a potential defendant. Over the last few years
I have seen an uptick in the number of alcohol-free DUI cases. This means
that people who hadn’t had a drink, maybe even in their entire life,
are also now at risk of being arrested. This is usually a result of officers
confusing medical condition or some other special circumstance with alcohol
The number of DUI arrest that police officers make is now a very important
metric both the officer and the entire department. A few years ago it
was made official that the Highway Patrol actually has a quota. Almost
every agency is in competition with each other to increase the number
of DUI arrests year over year to try to win fancy new police equipment
(which can be elaborate as a “cool” looking HEAT police car).
Beyond the alcohol free DUI cases, there are also people arrested who have
only had a small quantity of alcohol, and certainly not enough to impair
their ability to drive. In South Carolina the rule is that it is not against
the law to drink alcohol and drive. It is only against the law to drink
to the point of impairment.
Contact my firm if you have been arrested for DUI!