DUI Burden of Proof - What does the State have to Prove?

What Does the State Have to Prove to Convict a DUI

DUI Burden of Proof

Myrtle Beach DUI Defense Lawyers

The State has the DUI burden of proof in a DUI case. Driving under the influence is a serious crime that the State of South Carolina and the Horry County Solicitor’s Office will not take lightly. You need a criminal defense attorney who knows the ins and outs of South Carolina’s DUI Laws.

Elements Of the Offense:

1. That the accused was under the influence of alcohol to the extent that the person’s faculties to drive are materially and to drive are materially and appreciably impaired; and

2. That the accused did drive any vehicle within this State.

OR

1. That the accused was under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive are materially and appreciably impaired; or

2. That the accused while under the combined influence of alcohol and any other drugs, or drugs, or substances which cause impairment to the extent that the person’s faculties to drive are materially and appreciably impaired; and

3. Did drive a motor vehicle within this State.

Justin M. Lovely and Amy S. Lawrence have represented DUI charges in Myrtle Beach, SC, Conway, SC, and Horry County. No DUI is the same. Each DUI charge must be evaluated to determine strengths and weaknesses. If you have been charged with a DUI or DUAC charge in Myrtle Beach or Conway, SC, call The Lovely Law Firm today to evaluate your DUI. The firm offers a free DUI consultation to explain your rights and defenses. Contact Us online or call 843-839-4111.

Every case is different. Results vary.

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