South Carolina law enforcement agencies use breathalyzer tests to estimate blood alcohol content (BAC) from a breath sample. The results of such a test can result in an arrest and criminal charge.
A driving under the influence (DUI) conviction is a serious matter that demands a strong defense. If you failed a breathalyzer test, a Greenville DUI attorney may be able to help you with your case.
A breathalyzer is a small device that contains a mouthpiece, a tube through which the subject blows air, and a chamber containing potassium dichromate. The chamber is where the air is captured.
The red potassium dichromate turns green upon interaction with alcohol. The level of color change correlates to the amount of alcohol in the breath sample. Subjects must blow continuously into the machine for five seconds or until the machine stops beeping.
South Carolina’s implied consent laws require anyone operating a motor vehicle to submit to a breathalyzer if stopped by law enforcement on suspicion of drunk driving. It is important to note the following concerning breathalyzer use in the state of South Carolina:
Refusal to take a breathalyzer test is something the prosecution may use against you in court. It also results in automatic suspension of your license. Mandatory alcohol classes are often required and a fine paid before restoration of your driving privileges.
As of May 2024, a new DUI law has come into effect. The “All Offender Law,” mandates that all DUI offenders, regardless of their Blood Alcohol Content, participate in the Ignition Interlock Device (I.I.D) Program. This program requires the installation of a Breath Alcohol Ignition Interlock Device in any vehicle driven by the offender to ensure they cannot drive after consuming alcohol. The ignition interlock system requires drivers to blow into a device to start their vehicle, with a camera ensuring the correct person is using it.
Breathalyzers are technology; as with any technology, certain glitches or failures are common. While described as generally reliable, the devices used by law enforcement are subject to margins of error that can make or break your case.
The legal blood alcohol content (BAC) level in South Carolina is .08 percent. Anything at this level or above can result in a DUI arrest. For underaged drivers and commercial driver’s license holders, the legal BAC is much lower.
Depending upon the facts of your case, you may be able to question the reliability of your specific test. No two DUI cases are alike, making it imperative that you seek a free consultation with a South Carolina DUI attorney as soon as possible.
Many law enforcement agencies deal with budget cuts, leaving them to rely on older equipment. A lack of funds for breathalyzer upgrades, replacements, or repairs should not impact your life.
Faulty equipment is just one example of a possible defense for your DUI breath test. Other examples of a possible defense include:
A strong DUI defense may include one or more of these factors. Additionally, a lack of video evidence of the waiting period and the test itself are invaluable for your defense.
Driving under the influence of alcohol or drugs is a serious violation of South Carolina law. However, protecting your rights is crucial. If you failed a breathalyzer, consider getting help from a DUI lawyer today.
The results of a breathalyzer test can negatively impact your career and relationships. If you suspect something was off about your DUI arrest and breathalyzer results, seek help from an experienced attorney.
A questionable breathalyzer result is a frightening experience. The strict requirements of a waiting period, videotaping, and accurate administration are in place to protect a subject’s rights.
Reviewing the details of your arrest takes time and a dedicated focus. Time and focus are in short supply for most everyone.
A DUI attorney can dedicate time and attention to your case by:
Those charged with DUI should not attempt to manage their case alone. For cases involving breathalyzer issues, a deeper look and a knowledge of South Carolina law are necessary. Protecting your reputation, your career, your relationships, and future is vital following a DUI arrest. An option for help is available. Give careful consideration to contacting an attorney today.
A DUI arrest is stressful, from the moment of arrest until your court date. If convicted, the stress can continue for weeks, months, and possibly years.
When charged with a crime, defendants have a right to protect their best interests. A faulty or illegal traffic stop or breathalyzer test deserves the best defense possible. At Whalen Montalvo, James Whalen and Eric Montalvo have DUI defense experience. Each works with clients in a caring and non-judgmental way. Their commitment to you, as their client, is to work diligently to resolve your case in the most favorable way possible. With your case in their hands, you can turn your focus back to your daily tasks. Your attorney will update you regarding their defense plans, the court schedule, and more.
Representing yourself in court is not worth the risk of a possible DUI conviction. A free consultation costs you nothing but time to learn how Whalen Montalvo Attorneys at Law may be able to help you.
Time passes in a blur when a major, negative life event such as an arrest occurs. Take action now toward building your DUI defense by calling Whalen Montalvo Attorneys at Law today at (864) 770-7710.
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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Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.