Officers may be mistaken about who was driving during a DUI
When accidents occur in South Carolina they can often be traumatic for all concerned, especially if someone was injured in the incident. Suddenly you find yourself having to exchange details with other drivers, speak to medical staff and try to explain the situation to attending officers. The shock of the crash may leave you confused and apprehensive, so it is understandable that miscommunication can occur during this process.
It is also difficult for officers attending motor vehicle accidents to form an accurate picture of what has transpired. They are forced to make a number of assumptions based on the information they have and try to confirm those theories during the investigation. Sadly, this can sometimes lead to the mistaken arrest of innocent individuals. Fortunately, you are innocent under law unless you can be proven guilty beyond reasonable doubt.
There are many defenses to alleged drunk driving, but one of the important ones to remember is that if you were not driving or in control of the vehicle, then a DUI charge should not apply to you. However, if you were intoxicated at the time of the accident and attending officers assumed you were the driver, you could be charged. Fortunately, as this article on drunk driving accidents explains, if you can show that the driver was someone else, you may be able to have the charges dropped.
Every case is different, but an attorney may be able to advise you about your options. He or she can also evaluate the circumstances of your arrest and may be able to assist you with forming your defense and ensuring that the court hears your side of the story.
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