South Carolina Breath Test Refusal Law Firm
In most drunk driving cases, the strongest evidence against a suspected drunk driver is the driver's blood alcohol concentration (BAC) level. To be charged with driving under the influence (DUI) or driving with unlawful alcohol concentration (DUAC), a Breathalyzer test must find your BAC to be .08 or higher.
In South Carolina, being given a Breathalyzer test actually means you are being given a breath test using the DataMaster machine. Only specifically approved breath testing sites across the state are allowed to administer breath tests using the DataMaster machine. These testing sites and proper maintenance of the machine are overseen by the South Carolina Law Enforcement Division (SLED).
For BAC readings to be accurate with a DataMaster machine, certain processes and procedures must be followed. If these procedures are not properly followed, a Newberry blood alcohol concentration lawyer can challenge the results of your BAC test, leading to the charges against you being reduced or even dropped.
Challenging Your Breathalyzer Test
At the Law Offices of Richard J. Breibart, LLC, our DUI defense attorneys know that Breathalyzer tests in South Carolina must:
- Be videotaped
- Be administered by a certified testing operator, using a machine that is properly maintained and in full working order
- Not be given without a 20-minute observation period first. This 20-minute period is to prevent false readings, particularly if you had a drink immediately prior to being pulled over.
- Be conducted within two hours of being arrested
- Be processed on DataMaster machines that are properly calibrated by using a simulator test first
Additionally, before you can be given a Breathalyzer test, you must be read your Miranda rights and informed of other rights under South Carolina's implied consent law — including the right to refuse to take a Breathalyzer and the right to have another qualified individual conduct additional BAC tests.
Fighting Your DUI Charges
When you come to the Law Offices of Richard J. Breibart, LLC, our Lexington challenging Breathalyzer attorneys know how BAC evidence is collected and used to prosecute suspected drunk drivers. We will carefully examine your DUI stop and determine whether your breath test results were accurate. For a free consultation to discuss your DUI charges, contact us online or call 866-645-8743. Our attorneys challenge Breathalyzer results throughout South Carolina, including communities such as Newberry, Florence, Greenville and Spartanburg.
