South Carolina Breathalyzer Defense Attorneys
Under South Carolina law, you can be charged with drunk driving even if you were not pulled over on suspicion of impaired driving. You may have been pulled over for speeding or some other offense and were asked to take a Breathalyzer. Anytime you blow over the legal blood alcohol concentration (BAC) limit of .08, you are considered legally drunk — even if your driving was not affected.
In these instances, you can be charged with driving with unlawful alcohol concentration (DUAC). Essentially, you can be convicted based solely on the results of a Breathalyzer, urine or blood test — it does not matter if there was any evidence of impaired driving or a failed field sobriety test. But a conviction under DUAC is not automatic. An experienced Lexington DUAC defense attorney can help you challenge your unlawful alcohol concentration charges.
Defending Against DUAC Charges
At the Law Offices of Richard J. Breibart, LLC, our attorneys will carefully examine all aspects of your DUAC charge, including the events leading up to the charge and whether the test was valid. In defending you against your DUAC charges, we may challenge:
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The reason for the initial traffic stop and whether it was valid
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Police procedure in arresting you, including whether you were read your rights and had the implied consent law explained
- How much time elapsed between when you were arrested and given the Breathalyzer (it should be under two hours)
- Whether you knowingly and voluntarily submitted to a breath, urine or blood test
- If the officer administering the test was qualified to operate a Breathalyzer, and whether the breath test was properly administered and recorded
- The accuracy of the BAC test reading, including whether the Breathalyzer was in proper working order
Contact an Unlawful Alcohol Concentration Lawyer
The penalties you face under a DUAC charge depend on your BAC and are similar to those for a DUI offense. Also, just like a DUI, when you are charged with DUAC, you have the right to a trial so that you can defend yourself in court.
Regardless of whether the case is settled in a pretrial hearing or it goes to trial, the attorneys at the Law Offices of Richard J. Breibart, LLC, are here to help you through the entire process, every step of the way. For a free consultation to discuss your DUAC or other drunk driving charges, contact our office online or call 866-645-8743. Our lawyers defend clients throughout the state, including those from Orangeburg, St. George and Goose Creek.
