Legal Question in DUI Law in South Carolina

South Carolina DUI

I was arrested on a DUI charge in SC. I was never given a field sobriety or a breathalyzer. The officer noted in his police report that he sat me in his car to set up field sobriety but I was passed out. He called my name and I never answered him so he could not perform the test therefor he took me to jail. I was never given test in jail either. He said my speech was slurred and I had to be assisted walking. Is there a chance that I can have my sentence lessened when it comes to court? Also, can you explain to me how on a report the officer arrived at a scene at a certain time and the arrest time is the same? One other question if you are arrested at a certain time how can you be using your cell phone 10 minutes later? I am very confused and will not be getting an attorney for another week. Any input is greatly appreciated.


Asked on 5/29/09, 8:02 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: South Carolina DUI

I understand your questions and do blame you for asking them. However, you can understand that its very hard to give you answers to these without seeing the evidence in the case. You certainly have a right to take a breath test. They cannot refuse to give you one. I've handled way too many of these cases and I know from experience that the best legal advise comes after reviewing the evidence. What county was this in? Do you know why you were stopped? You can respond to [email protected]

Robert Johnston, Attorney

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Answered on 5/29/09, 9:33 pm


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