Charleston DUI Lawyer Discusses Jury Trials for DUAC
Many Charleston DUI and criminal defense lawyers have speculated that South Carolina’s DUI law (Driving With An Unlawful Alcohol Concentration) takes away a person’s right to a trial by jury (which has been done in other states under their per se illegal statutes). This is not correct. The law also states:
A person who violates the provisions of this section is entitled to a jury trial and is afforded the right to challenge certain factors including, but not limited to, the following:
(1) whether or not the person was lawfully arrested or detained;
(2) whether or not probable cause existed to justify the stop;
(3) the period of time between arrest and testing;
(4) whether or not the person was advised in writing of
[their rights to refuse the test];
(5) whether the person consented to taking a test . . .and the:
(a) reported alcohol concentration at the time of testing was ten one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified . . .;
(c) tests administered and samples obtained were conducted pursuant to [South Carolina law and regulations]; and
(d) machine was working properly.
Nothing contained in this section prohibits the introduction of:
(1) the results of any additional tests of the person’s breath or other bodily fluids;
(2) any evidence that may corroborate or question the validity of the breath or bodily fluid test result including, but not limited to:
(a) evidence of field sobriety tests;
(b) evidence of the amount of alcohol consumed by the person; and
(c) evidence of the person’s driving;
(3) a videotape of the person’s conduct at the incident site and breath testing site . . .; or
(4) any other evidence of the state of a person’s faculties to drive which would call into question the results of a breath or bodily fluid test.
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