In the nearby state of Maryland, a number of drunken driving citations were thrown out of court because these convictions were tied to quotas requiring that officers issue a certain number of citations. A similar defense is now being raised for other cases in Maryland as well and might possibly be raised when DUI citations have been issued in other states such as South Carolina.

The quota requirement is tied to a federal grant paying police departments overtime pay for targeting alleged drunken driving and other so-called aggressive driving behavior. Such incentives may be behind what are called "saturation patrols" where a large number of officers are on the road all at once to detect anything that is deemed suspicious.

This is only one possible defense that can be used in DUI cases, and it is yet to be seen how effective such a defense would be in other states. However, considering the penalties and consequences that come along with being charged with a DUI, individuals charged with such offenses should consider all of their options before making an appearance in court. What those penalties would be are dependent upon whether it's one's first or subsequent conviction and what the results are of any blood alcohol or breathalyzer test that was conducted.

Blood alcohol tests, breath tests and field sobriety tests are all fair game for being challenged in a court of law. Attorneys familiar with South Carolina drunken driving laws and experienced in defending alleged violators of such law can be consulted concerning what would be the best defense available. Being charged with a DUI does not mean an automatic presumption of guilt.

Source: The Baltimore Sun, "Drunk-driving quota case may lead to similar efforts elsewhere," by Andrea F. Siegel, Jan. 6, 2012