FORMER PROSECUTOR’S APPROACH TO DUI DEFENSE – WHAT DO DUI LAWYERS DO?

A DUI conviction or plea carries very serious penalties, even for a first time offense. Not only does it result in a permanent criminal record, but it can cause you to lose your current job and make it difficult to get another position. So just what does a SC DUI lawyer do to prepare your case and earn their legal fee? South Carolina criminal defense attorney Tom Holland, a former SC prosecutor, explains to you how he approaches DUI defense, how he analyzes cases to prepare possible defenses, and the importance of having his perspective as a former DUI prosecutor. For more information or a private consultation, you can email Mr. Holland directly at or call our office at  803.548.4444 or toll-free 877-374-5999. We offer a state-wide practice and have SC offices in Fort Mill and Charleston. 

SC DUI ATTORNEY THOMAS W. HOLLAND SR.

Mr. Holland is a 20 year veteran trial lawyer. He began his career as a South Carolina prosecutor as an Assistant Solicitor with the Sixteenth (16th) Judicial Circuit (Union County), a violent crime prosecutor with the Sixth (6th) Judicial Circuit, and a Lancaster City Solicitor. Mr. Holland has also served as General Counsel for the Lancaster County Sheriff’s Office. He understands from the “other side” how to prepare and now defend DUI and DUAC arrest cases. He explains below how his former positions in law enforcement help him review DUI cases to anticipate the State’s strategy and defend against weaknesses.

Prosecutors receive great training and lots of it. Always remember that the State of South Carolina makes the laws, the rules, and has the resources to invest. Following this intensive training, prosecutors are next afforded weekly, if not daily, time in court. They are there to resolve cases, make and defend various legal motions, and try cases. The sheer amount of court time quickly closes any inexperience, and after a year or two, they are highly trained and very experienced.

When they review cases for the defense, they basically take their prosecutorial “checklists” and look at the evidence to determine if the State can, in fact, “make their case. Can the State prove a criminal DUI defendant “guilty beyond a reasonable doubt?” Are there police arrest procedure issues? Was the initial stop of the vehicle lawful under a “reasonable suspicion” analysis? Was the DUI investigation procedures followed properly and were Standardized Field Sobriety Tests administered according to National Highway Transportation Safety Administration (NHTSA) protocol? Did the officer establish a proper basis or “probable cause” to arrest? Once arrested and handcuffed, was the defendant given his Miranda warnings? Once back at the station, did the officer properly advise the defendant of his implied consent and other options? Was the breath testing conducted properly? And lastly, was the South Carolina mandatory video statute requirements satisfied?

Certainly, any criminal defense attorney can achieve a great level of professional ability over time. But former prosecutors do start with an advantage. At the law firm of Robert J. Reeves P.C., we are proud to have Tom Holland on our SC DUI team of criminal defense attorneys. For more information about your DUI case and possible defenses, you can email him directly at or call the office to make an appointment to sit down with him to discuss your situation.