Many people wonder whether it is truly possible to outwit a breathalyzer test after drinking. For some of them, their future may depend on beating a breathalyzer. Unfortunately, they may not understand why beating a breathalyzer is a myth. The only way to beat a breathalyzer is to abstain from drinking.
Dealing with alcohol-related criminal issues? You need an effective advocate to fight for you against the state. Contact Whalen Montalvo at (864) 770-7710 to discuss your case and learn how we can help.
Blood alcohol content (BAC) affects people by slowly interrupting their abilities to perform simple to difficult tasks. It also leads to an impairment in judgment. As BAC levels rise, these effects become more pronounced.
Here are some of the effects of alcohol at different BAC levels:
BAC levels higher than those listed above involve a progressive and significant loss of bodily control and judgment. They also involve nausea, vomiting, blackouts, and sometimes death. For extremely high BAC levels — into .30 and .40% — loss of consciousness, coma, and death are real possibilities.
In South Carolina, law enforcement uses the DataMaster DMT exclusively to counteract the risks of drunk driving. It is not a portable machine but is located in police stations across the state. This test is considered accurate enough to be admissible in criminal court. It is deemed more accurate than portable devices in South Carolina.
Myths abound about how to beat this and other breathalyzers. They include:
None of these methods work, and none of them should be relied on to beat a breathalyzer.
BAC levels are affected by numerous factors. Often, these factors can work in conjunction or against one another to influence a person’s BAC. Though many believe otherwise, it’s not truly possible to lower your BAC apart from ceasing drinking and letting time pass.
Factors that influence a person’s BAC reading include:
Given the same amount of alcohol, a person weighing 200 pounds will likely have a much lower BAC than a person weighing 100 pounds. If the heavier individual ate a hamburger before drinking, their BAC would likely be even lower.
Keep in mind, however, that food does not reduce a person’s BAC. If you have a BAC of .08% and eat a burger, your BAC will not go down because of the burger. However, food does reduce the speed at which alcohol enters the bloodstream. So instead of reducing one’s BAC, food prevents it from rising quickly. But once your BAC reaches a certain level, food will do nothing to decrease it, nor can it effectively mitigate the risks of drunk driving.
Ultimately, it is unlikely that you can beat a breathalyzer test administered soon after you have consumed alcohol. Any talk about beating the breathalyzer is simply mythical unless it involves a lengthy amount of time and complete abstinence from drinking during that time.
At Whalen Montalvo, our reputation as aggressive defenders is why clients choose us to fight for them.
South Carolina’s legal limits for alcohol and driving vary depending on the driver. Generally speaking, there are three main limits for drivers in the state:
When an over-21 driver’s BAC is at or above .15%, they face an automatic administrative suspension. Under-21 drinkers face an automatic suspension as well for any level at .02% or above.
Depending on the circumstances, the legal consequences of DUI may include a short time in jail or up to five years in prison. It can also result in fines running into the thousands of dollars. License suspension is a common consequence of DUI. If death or serious bodily injury results from a drunk-driving crash, 25 years in prison is on the table, along with large fines and surcharges.
A high BAC and a DUI charge are not the end of the story. Our work begins when you contact us for an effective defense against the state. We’ll attack every aspect of the prosecutor’s case in our fight for your future.
If you need a robust criminal defense against DUI charges, look no further than Whalen Montalvo. Our team of criminal defense attorneys has the skill and experience to properly represent you against the state. Call (864) 770-7710 to speak with a defense attorney today.
I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.
I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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