Walk to Wendy’s – A Local DUI Case Study

A young woman in Spartanburg was accused of a DUI after passing out at the wheel of her car on Pine Street, and waking up to drive through the Wendy’s drive-thru. WPSA reported that two witnesses called police after realizing the woman in the car in front of them was passed out. The light turned green, but the car did not move so the individuals pulled to the side of the car. They knocked on the window until the woman woke up. Startled, she quickly pulled away and drove to Wendy’s. When the officers arrived, the woman was still in the Wendy’s drive-thru and smelled strongly of alcohol. She allegedly had a bottle of vodka in plain view on the passenger floor, and the officers reported that they could smell marijuana. The woman admitted to having Xanax pills in the console that were not her own, and the officers found someone else’s pills. At the Spartanburg Detention Center, the woman provided a breath sample of 0.05 and was charged with a DUI <.01 1st Offense and Possession.

While this situation may sound terrible, just remember that even she has hope in her criminal case. Moreover, let’s consider the lessons we can learn from her experience.

  1. Walk to Wendy’s! Spartanburg’s new Wendy’s location on Pine Street boasts a new urban design perfect for walk-up orders for that late-night snack. In all seriousness, the best decision is to walk, Uber, or call a friend, if you’ve had too much to drink.
  2. Never admit guilt or consent to a breathalyzer test. While an officer may press you to take a breathalyzer, you have the right to refuse. You can also refuse field sobriety tests. This could mean that you will be brought to the detention center for a urine or blood test.
  3. Do not have an open container in an automobile. It is illegal in South Carolina to drive with an open container, and where the open container is visible, it gives the police probable cause to search the car.
  4. Find a witness. Here, the two witnesses who called the police may or may not be helpful to this lady’s case. It depends. However, a witness could be essential to your defense. A witness might remember what happened before or during your arrest, or be able to speak to your high character. This can be especially helpful, if it is your first DUI.
  5. Stay offline. Unfortunately, the news ran this story making it more difficult to make the online presence of her event go away. In your case, do not Google your name and click on the mug shot. Do not post anything related to your DUI on social media. Do delete any photos of you drinking.
  6. Call an experienced DUI attorney. You need a competent attorney to defend your case and achieve the best results possible. Even if the facts seem dire, an attorney can help you through.

If you find yourself facing a DUI or DUAC, reach out to the attorneys at Hyde Law Firm, P.A. to discuss your next step, 864-804-6330.

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