A traffic stop for speeding in South Carolina can turn into a full DUI investigation once a trooper makes contact and begins looking for signs of impairment. The process typically includes a check of your documents, field sobriety testing, and in many cases an arrest that leads to an overnight stay in jail. The Greg McCollum Complete Legal Defense Team represents drivers through every stage of that process, from the initial stop through trial.
How a Traffic Stop Can Lead to a DUI Investigation
When a trooper is traveling in the opposite direction and has to turn around to catch up with a car suspected of speeding, questions can arise about whether the vehicle eventually stopped is actually the one that was clocked. Cars can look similar, and more than one vehicle may be on the highway at the time. If a trooper loses sight of the car for a period of time before catching up to it, that gap can become an issue at trial, since the trooper has to be able to establish that the right car was stopped in order to have probable cause for the stop in the first place.
Speeding alone is a valid basis for a stop, and troopers can begin a DUI investigation once they make contact with the driver, even if the original reason for the stop had nothing to do with impairment.
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Documents Troopers Require During a South Carolina Stop
South Carolina drivers are required to provide three items during a traffic stop: a driver’s license, vehicle registration, and proof of insurance. How a driver handles this request matters. If someone has trouble locating their license, registration, or insurance card, that difficulty can end up documented in the police report as evidence of impairment, described in terms like appearing confused, disoriented, or unable to locate the proper paperwork.
Field Sobriety Tests Used in South Carolina DUI Stops
Troopers commonly use three field sobriety tests during a roadside DUI investigation. The horizontal gaze nystagmus test involves holding an object, such as a pen, and asking the driver to follow it with their eyes. Greg McCollum, founder of the firm, has said that when he asked an ophthalmologist about this test, the doctor reacted with disbelief that it would be used on the side of the road to determine intoxication.
The walk-and-turn test requires a driver to walk nine steps heel to toe along a line, looking down, with hands at their sides, a position that can make balance more difficult. The one-leg stand test asks the driver to stand on one leg, hold the other foot eight to ten inches off the ground, point their toe, and keep their hands at their sides, an unnatural position for many people to hold steady, particularly with passing traffic and flashing lights nearby. A driver can decline to perform these tests, though doing so can result in arrest.
What Happens After a DUI Arrest
Once a trooper decides to make an arrest, the driver is typically handcuffed and placed in the front seat of the patrol car, where a camera records the encounter. In South Carolina, video recording generally begins as soon as the trooper is behind the vehicle, capturing the stop, the approach, and any field sobriety testing. After the arrest, the driver’s car is towed, and the driver spends the night in jail. The following day typically involves locating the towed vehicle, addressing the towing bill, and arranging transportation without a valid driver’s license.
Why Many DUI Cases Go to Trial Rather Than Plea
A DUI trial in South Carolina can often be completed in about a day. Because the penalties associated with a conviction are generally the same whether a driver pleads guilty or is convicted at trial, some defense strategies favor going to trial rather than entering a plea, since a plea does not carry an advantage in outcome but does forgo the opportunity to present a defense to a jury. This approach can vary depending on whether other, more severe consequences are involved in a particular case.
Challenging the Traffic Stop: Time and Distance
One way a DUI stop can be challenged is by examining the time and distance between when a trooper first observed a vehicle and when the stop actually occurred. If a trooper has to slow down, cross a median, wait for traffic, and turn around, the delay involved can raise questions about whether the vehicle eventually stopped is the same one originally observed. Since South Carolina troopers must have probable cause to justify a stop, an inability to clearly establish that the correct vehicle was stopped can affect the case, regardless of whether the driver was impaired.
Long-Term Consequences of a South Carolina DUI Conviction
A DUI conviction can remain on a South Carolina driving record for ten years. During that period, a notation on the driver’s license can alert an officer during a future stop that the driver has a prior DUI, which may lead to additional scrutiny during any subsequent traffic stop. A conviction can also result in license suspension, a restricted license, increased insurance costs, and required attendance at ADSAP classes.
Frequently Asked Questions
What should I do if I’m pulled over and a trooper suspects DUI in South Carolina? South Carolina law requires drivers to provide a license, vehicle registration, and proof of insurance during a traffic stop. How you locate and provide these documents can become part of the trooper’s observations, so it can help to know where these items are kept before you’re stopped.
Am I required to take field sobriety tests in South Carolina? Drivers can decline field sobriety testing, though doing so may still result in arrest. These tests, including the horizontal gaze nystagmus test, the walk-and-turn, and the one-leg stand, are often difficult to perform under roadside conditions.
What happens to my car and license after a DUI arrest? A vehicle is typically towed after a DUI arrest, and a driver’s license can be suspended. In many cases, a hearing can be requested to try to restore driving privileges while the case is pending.
How long does a DUI conviction stay on your record in South Carolina? A DUI conviction can remain on a South Carolina record for ten years, during which a license notation may prompt additional scrutiny during future traffic stops.
Will my DUI case go to trial? Many DUI cases proceed to trial rather than resolving through a plea, since a plea generally does not carry a different outcome than a conviction at trial. Whether trial is the right approach can depend on the specific facts and circumstances of each case.
Greg McCollum brings close to 30 years of legal experience to DUI defense in South Carolina, including his background as a former DUI prosecutor. That perspective can inform how the Complete Legal Defense Team evaluates the evidence in a DUI stop, from the trooper’s basis for the stop to the administration of field sobriety tests. Every case is different, and results depend on the specific facts involved.
If you have questions about DUI stops in South Carolina, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.
