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Moncks Corner Legal Issues Blog

Bluffton officials file DUI charges despite breath test results

There is no denying that there is a stigma that comes with a charge for driving under the influence of alcohol. Those in Monck’s Corner who face such accusations are often assumed to be irresponsible individuals whose alleged actions imply that they care little for the safety of others. Such assumptions can often lead to ramifications that go far beyond the legal world, with people losing their jobs and suffering irreparable damage to their reputations. This stigma is often assigned simply due to the news of an arrest being made; one can imagine how tragic it might be if it was later found that the charge was unwarranted.

They may turn out to be what happens in the case of a local high school band director. The woman was arrested on suspicion of DUI after a local officer pulled her over for driving erratically in Bluffton. While field sobriety test (as well as the officer’s own observations) indicated that she was indeed intoxicated, a subsequent breath revealed a blood alcohol content that was well below the legal limit. The officer involved tried to contact local drug testing experts to analyze the results of her test, yet known responded to his queries. Still, despite the results of the test, the woman was charged with DUI, with the officer implying that once a DUI arrest is made, a charge is inevitable.

Yet that sense of inevitably should not immediately assign guilt to someone (given the stakes that one may face). In this case, the woman was placed on administrative leave from her job (despite her BAC being below the level required to charge one with a crime in conjunction with DUI). Those in such situations may need the assistance that only an experienced defense can provide.