South Carolina woman sleeping in car charged with DUI

South Carolina woman sleeping in car charged with DUI

On behalf of Aaron & Aaron, Attorneys at Law posted in Breath Test Refusal on Friday, December 7, 2012.

A South Carolina woman, who is a parent teacher organization official, was recently accused of driving under the influence. However, even though she was charged with DUI, an officer never saw her actually driving a vehicle, she never admitted to driving a vehicle and it doesn't appear anyone else saw her driving either.

When looking at what happened, the 36-year-old was found asleep in a car that was parked in a driveway at 4:21 a.m. Police claim that once she was woken up, it was noticed there was a very strong odor of alcohol emitting from the woman and that she was having a hard time standing up. She was also reportedly unable to perform the field sobriety tests and refused to take a DUI breath test.

The 36-year-old ended up being arrested and has since been charged with DUI.

Of course though, this case raises several important questions. First, how did police even know she had been driving? It is always possible that she was just sleeping in the vehicle in her friend's driveway. Additionally, did she honestly refuse the breath test? And, even if she did, it is a person's right to refuse any field sobriety tests as these are completely voluntary.

In general, when it comes to DUI charges in South Carolina, the laws are tricky. However, that being said, an attorney with experience in DUI defense can still raise several points against a prosecution's charge, including an officer administering field sobriety tests without full compliance and discrepancies in the police report.

Source: WBTW, "Myrtle Beach PTO treasurer charged with theft, now faces DUI charge," Nov. 14, 2012