Can a DUI charge be dismissed in court?

Yes, a DUI charge can be dismissed in court in South Carolina. A dismissal of a DUI charge typically requires a motion to be filed by the defendant’s attorney, known as a Motion to Dismiss. The motion must demonstrate that there is a legal basis for the judge to dismiss the DUI charge. Generally, the Motion to Dismiss must show that either the law on which the DUI charge is based is unconstitutional, or that the defendant’s rights were violated by the police officer during the arrest. If the judge finds the Motion to Dismiss is well-reasoned and supported by sufficient evidence, the judge may grant the Motion to Dismiss, thus dismissing the DUI charge. In some cases, the State may decide to waive the DUI charge and not pursue a conviction due to insufficient evidence or other reasonable considerations. For example, if there were no chemical test results indicating alcohol use, or if the defendant was not provided their Miranda Rights before being asked to submit to a chemical test, the State may choose to waive the charge. It is important to note that even if the DUI charge is dismissed, this does not necessarily mean the accused is completely off the hook. If the case was dismissed without prejudice, the State may choose to refile the charges at a later date. However, if the case was dismissed with prejudice, the defendant cannot be retried for the same crime.

Related FAQs

What happens if I'm arrested for a DUI in a different state?
What type of license suspensions can I expect after a DUI conviction?
What is a plea of "No Contest" for a DUI charge?
What is an alcohol assessment and evaluation?
What is an "enhanced" DUI charge?
How do I find a good DUI defense attorney?
What are the consequences of a 2nd DUI in the state of Wisconsin?
What are the consequences of a 2nd DUI in the state of Washington?
What are the consequences of a 2nd DUI in the state of Illinois?
How long do I have to serve jail time if convicted of a DUI?

Can a DUI charge be dismissed in court?

Related FAQs

Related Blog Posts