A knowledgeable criminal defense lawyer will be able to identify and assert any applicable defenses to a DUI/DWI charge. These defenses generally have a narrow application to specific facts and circumstances and might include (1) an improper stop of the motor vehicle; (2) field sobriety tests were improperly administered; (3) improper interrogation of the defendant (generally only applies after the defendant is arrested); (4) breath tests (portable breathalyzer in the field and standard breathalyzer at the police station) were not properly administered or the breathalyzer machines were not properly calibrated and maintained; (5) blood test was not properly administered and the chain of custody (handling) of the blood sample was improper and unreliable; (6) due to rising blood alcohol concentration, the defendant’s BAC was below the legal limit when the defendant was stopped, and rose to a higher level when the defendant subsequently provided a breath or blood sample (after a lapse of time of an hour, for example); and (7) the defendant has medical conditions or is on medication that affected breath, blood, or field sobriety tests.

There may be other facts and circumstances that give rise to a defense that may be asserted to a DUI/DWI charge. The best defense, of course, is not to drink and drive. And the second-best defense may be to refuse to provide evidence that may incriminate yourself—by politely (1) declining to answer police questions, (2) declining to participate in field sobriety tests, (3) declining to provide a breath or blood sample, and (4) asking to speak to a lawyer.

In South Carolina, a knowledgeable criminal defense attorney can identify and assert various defenses to a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) charge. These defenses are specific to the facts of the case and may include challenging the legality of the vehicle stop, the administration of field sobriety tests, and the interrogation of the defendant post-arrest. Additionally, the defense may question the accuracy and maintenance of breathalyzer machines, the administration and chain of custody of blood tests, and argue a rising blood alcohol concentration defense, suggesting that the defendant's BAC was legal at the time of the stop but increased by the time of testing. Medical conditions or medications that could affect test results may also be a valid defense. In South Carolina, as in other states, individuals have the right to refuse to incriminate themselves. This can include declining to answer police questions, participate in field sobriety tests, or provide breath or blood samples, and requesting to speak with an attorney. However, it's important to note that under South Carolina's implied consent laws, refusal to submit to a breath test can result in immediate suspension of driving privileges and other penalties. The best defense against DUI/DWI charges is to avoid drinking and driving altogether.