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How to Challenge a DUI


Although you have a right to represent yourself in any criminal proceeding, it simply is not a good idea. The DUI laws are complicated and recognizing a legal defense requires an experienced Myrtle Beach DUI attorney. There are basically three phases of a DUI arrest to be challenged. The arresting officer must go through a series of steps regarding the initial stop and the ultimate arrest. Further, the prosecutor must have sufficient evidence to convict you.

The first phase is the "stop." In order for the police to stop you to begin with there must be a lawful reason to pull you over. To be a lawful reason there must be "reasonable suspicion" that a crime is in progress. An officer must have observed facts that give rise to "reasonable suspicion" to pull your car over. Without proof of reasonable suspicion, the stop can be challenged which could ultimately get the charges dismissed. If the stop is not valid then Myrtle Beach DUI Lawyer Regina Ward may be able to get the case dismissed.

The second phase is the "arrest." In order for the police to arrest you there must be a lawful reason. The lawful reason must be supported by facts observed which give the officer "probable cause" in order to arrest you. Probable cause can consist of failed roadside field sobriety tests, erratic driving, and other observations. The officer must follow strict procedures in conducting a roadside field sobriety test and if he fails to do so a challenge can be made regarding probable cause. Without proof of probable cause, evidence against you can be suppressed and the entire case can be dismissed. Myrtle Beach DUI Attorney Regina Ward has had DUI cases dismissed on the grounds of lack of probable cause.

The third phase is the "conviction." In order for the prosecutor to convict you there must be sufficient evidence that proves "beyond a reasonable doubt" that you were materially and appreciably impaired and therefore are guilty of the crime of DUI. To effectively challenge a DUI you must have an attorney. Myrtle Beach DUI Attorney Regina Ward knows exactly what to look for in order to effectively challenge a DUI arrest.

Call Myrtle Beach Attorney Regina Ward today at 843-488-9273 for your FREE DUI EVALUATION.