In South Carolina, officers generally need to observe signs of bad driving, such as weaving, hitting a curb, or running a stop sign, before pulling a driver over on suspicion of DUI. Once stopped, the officer looks for physical signs of intoxication before deciding whether to investigate further. The Greg McCollum Complete Legal Defense Team handles DUI cases for clients throughout the Myrtle Beach area.
Bad Driving Is the Starting Point
Most DUI stops in South Carolina begin with an officer’s observation of driving behavior, not with a hunch or a tip. Poor driving can happen for many reasons unrelated to alcohol. A driver may be looking at a phone, distracted by something in the car, or reacting to a spilled drink. Because of this, an officer typically has to observe the vehicle for a period of time before deciding there is a legal basis to pull it over.
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Weaving and Other Signs Officers Watch For
Once an officer notices driving that looks off, the officer will often follow the vehicle to see if the behavior continues. Weaving within the lane is one of the most common signs officers look for. Other signs can include a car drifting into or hitting the curb, or a driver failing to stop at a stop sign. When an officer sees these patterns, that observation can form the basis to activate blue lights and initiate a traffic stop.
What Happens When the Officer Approaches the Vehicle
After the stop, the officer’s focus shifts to the driver directly. Officers typically look for indicators such as the smell of alcohol, bloodshot eyes, and whether the driver can respond clearly to simple questions. These observations help the officer decide whether the driver appears to be intoxicated and whether further investigation, such as field sobriety testing, may be appropriate.
DUI Stops Following an Accident
Not every DUI investigation starts with an officer watching a car in motion. In some cases, a wreck occurs and Highway Patrol or another agency responds after the fact, meaning the officer never observed the actual driving. Many accidents happen without alcohol being a factor at all. In these situations, the officer has to work backward, first determining who was driving and then looking for the same signs of possible intoxication, such as odor, appearance, and the ability to answer questions clearly.
Frequently Asked Questions
Does an officer need to see a driver break a specific traffic law to pull them over for DUI? Not necessarily. Officers often rely on a pattern of driving behavior, such as weaving in the lane, rather than a single clear violation, though violations like running a stop sign can also factor in.
Can a person be pulled over for DUI just because they seem nervous or distracted? Distraction alone is generally not enough. Officers are typically looking for a pattern of driving that suggests impairment before initiating a stop.
What do officers look for once a driver has been pulled over? Officers commonly look for the smell of alcohol, bloodshot eyes, and whether the driver can answer simple questions clearly.
Can someone be investigated for DUI after a car accident even if no one saw them driving badly? Yes. In accident cases, officers may not have observed the driving itself, so they focus on identifying the driver and then looking for signs of intoxication after the fact.
Why Work With the Greg McCollum Complete Legal Defense Team
Greg McCollum brings close to 30 years of experience to DUI defense in the Myrtle Beach area, including insight gained from his background as a former prosecutor. The Greg McCollum Complete Legal Defense Team works to review the details of each stop and each client’s situation individually.
If you have questions about a DUI traffic stop, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.
