Getting pulled over for a DUI in South Carolina is stressful, and sometimes, a bit terrifying. Most people think the moment the officer hits the lights, the rest of the night is already set with papers, tests, and a long legal headache.
But here’s something most drivers do not realize: the stop itself can sometimes be the weak point in a case.
If the officer makes traffic stop mistakes, stretches the rules, or stops you without a good reason, it can actually work in your favor. That might lead to inadmissible evidence. Here is what you need to know about when an illegal stop can get your DUI case thrown out in South Carolina.
What Makes a Traffic Stop Legal
In South Carolina, police officers cannot pull someone over for no reason. They need reasonable suspicion. That means the officer has a real, specific reason to think you have broken the law. This can include everything from swerving between lanes, speeding, rolling through a stop sign, or driving in a way that looks unsafe. Without that, the traffic stop could be illegal.
Why does this matter? If the stop was not legal, anything collected after the stop, like breath tests, blood tests, field sobriety tests, or the officer’s notes, might not be allowed in court. That could make a huge difference in your case.
Common Traffic Stop Mistakes That Can Hurt DUI Cases
What are a few mistakes in these situations? Many times, the officer did not follow the right protocol during the stop; some of these issues might involve:
No Reasonable Suspicion
This is probably the most common mistake. If the officer does not have a real reason to pull you over, the stop can be challenged. A hunch or the thought that you look suspicious is not enough to stop your vehicle.
Minor Violations Used as an Excuse
Sometimes, cops will point to small things like a broken taillight or a slight drift in your lane as the reason for a stop. While these can count if properly observed, courts find that trivial or incorrectly reported violations are not enough to justify the stop.
Dragging Out the Stop
Even a legal stop can become illegal if the officer keeps you there longer than necessary. For example, holding someone for a DUI investigation without clear signs of impairment could be challenged in court.
Stopping the Wrong Car
Mistakes happen. If the officer stops the wrong car just because it vaguely matches a description, that stop may not hold up in court.
Not Following Proper Procedures
South Carolina has rules about how DUI stops should be handled. Officers must document observations, follow testing protocols, and conduct the stop correctly. When they skip steps, it can weaken the case against you.
How an Illegal Stop Can Affect Your DUI Case
South Carolina courts use the “fruit of the poisonous tree” principle. If a stop was illegal, evidence collected as a result, such as BAC results, sobriety tests, or even officer observations, can be thrown out. Without that evidence, the state often struggles to prove a DUI charge.
A good example is State v. Jihad. The court suppressed evidence because the traffic stop was illegal. Cases like this show that small mistakes by police can completely change the outcome.
Challenging the Stop
If you think your stop was illegal, a DUI attorney can file a motion to suppress evidence. The court will review the officer’s testimony, police reports, and body camera footage to determine if the stop met legal standards. Like any legal case, you will want to act immediately and contact a criminal defense lawyer to prevent any evidence from becoming lost or destroyed.
We’re Here to Help with Your DUI Case
Traffic stop mistakes happen all the time, and sometimes, you can use them to your advantage. Under these circumstances, it could suppress evidence, which can reduce charges or, in some cases, lead to the case being dismissed.
However, before you think too far ahead, you will want to get advice from an experienced South Carolina DUI lawyer. At Truslow & Truslow, PA, we can examine the circumstances of your stop and craft a strong defense for your case. Schedule a consultation with our legal team today.