South Carolina Sobriety Checkpoints Attorneys
You're pulled over at a DWI checkpoint or on the road for suspicion of impaired driving. What are your rights? Do you have to participate in field sobriety tests? Do you have to take a Breathalyzer test?
The DUI stops attorneys at the Law Offices of Richard J. Breibart, LLC, can provide the answers to these questions and more. If you have been charged with driving under the influence (DUI) or driving with unlawful alcohol concentration (DUAC), we can help you determine whether the police had a valid reason to stop you and if they followed proper procedures in arresting and charging you. To discuss your drunk driving charges in a free consultation, call 866-645-8743 or contact us online.
Field Sobriety Tests
When you're stopped on suspicion of drunk driving in South Carolina, the police may ask you questions about where you are headed and whether you've been drinking. You do not have to answer those questions, but declining to do so may not prevent the officer from arresting you on suspicion of drunk driving.
However, before an officer can actually place you under arrest or give you field sobriety tests or a breath test, you must be informed of certain legal issues. You do have the right to remain silent and not answer questions without the presence of an attorney. You have the right to request an attorney before you are given field sobriety tests or a breath test.
Field sobriety tests often include the one-leg stand, the walk-and-turn, the horizontal gaze nystagmus or reciting the alphabet. Any field sobriety tests the police give you must be videotaped. You have the right to decline to participate in these field sobriety tests.
Breathalyzer Tests and Providing Blood or Urine Samples
You may be asked to blow into a handheld device at the scene of the stop. This breath test is different from an official Breathalyzer or DataMaster test. This is a preliminary test meant to give the police an idea of where your BAC is currently at. Just like you have the right to refuse to take field sobriety tests, you have the right to refuse to take this preliminary breath test.
After you are arrested, you will be asked to take an official Breathalyzer test or perhaps a blood or urine test. You have the right to refuse a Breathalyzer test. But, under South Carolina's implied consent law, refusal to take the test means your driver's license is automatically suspended for six months — even if you're found not guilty of any drunk driving charges.
In the event that your driver's license is suspended, you have the right to request an administrative license suspension hearing. Driver's license hearings must be requested shortly after an arrest, so be sure to contact an attorney immediately if you want to challenge your license suspension.
Standing up for Your Rights
Because field sobriety tests are often less than 70 percent accurate, it is easy for an experienced DUI defense attorney to challenge the results in court. It is also common to challenge BAC results, because certain procedures must be strictly followed to make sure the Breathalyzer machine is properly maintained and the test is administered by a qualified individual.
At the Law Offices of Richard J. Breibart, LLC, our Lexington DWI checkpoint lawyers know how to challenge all aspects of a DUI stop. For help with your drunk driving charges, contact us via email or by calling 866-645-8743. We represent clients throughout the state, including people from cities such as Columbia, Greenville and Spartanburg.
