CHALLENGING BREATHALYZER TEST RESULTS IN SOUTH CAROLINA
When you are pulled over on suspicion of driving under the influence (DUI), the police officer may ask you to take a breathalyzer test. This test measures your blood alcohol concentration (BAC) and is used to determine if you are legally intoxicated. If you fail the test, you will be arrested and charged with DUI. However, breathalyzer tests are not always accurate, and the results can be challenged.
At Fedalei & Reid LLC, we understand the many ways that breathalyzer tests can be flawed. Our Greenville breathalyzer test lawyers can help you challenge the results and fight the charges against you. We have a proven track record of success and are prepared to aggressively advocate for you.
Call (864) 668-1661 or contact us online today to schedule a free consultation with our team. Hablamos Español.
HOW DOES A BREATHALYZER TEST WORK?
When you drink alcohol, it is absorbed into your bloodstream. As your blood circulates, it carries the alcohol to your lungs. When you exhale, the alcohol is released from your lungs and can be detected in your breath. A breathalyzer test measures the amount of alcohol in your breath and uses that information to estimate your BAC.
There are several different types of breathalyzer tests, but the most common is the portable breathalyzer test. This handheld device is used by police officers in the field to determine if a driver is intoxicated. The results of this test are not admissible in court, but they can be used to establish probable cause for an arrest.
After you are arrested, you will be taken to the police station or a nearby hospital for a more accurate breathalyzer test. This test is conducted using a larger, more sophisticated machine. The results of this test are admissible in court and can be used as evidence against you.
HOW ACCURATE ARE BREATHALYZER TESTS?
While breathalyzer tests are generally considered to be accurate, they are not infallible. There are several factors that can affect the results of a breathalyzer test, including:
- Residual mouth alcohol: If you have recently consumed alcohol, there may still be some alcohol in your mouth. This can cause the breathalyzer test to produce a false positive.
- Acetone: If you are on a low-carb diet or have diabetes, you may have high levels of acetone in your body. Breathalyzers cannot distinguish between acetone and alcohol, so this can cause a false positive.
- Radio frequency interference: Breathalyzers use a radio frequency to measure your BAC. If there is any radio frequency interference in the area, it can cause the test to produce inaccurate results.
- Improper calibration: Breathalyzers must be properly calibrated to produce accurate results. If the machine is not calibrated correctly, the test results may be invalid.
Our Greenville breathalyzer test attorneys can review the details of your case and determine if the test was conducted properly. If there is any reason to believe that the test was flawed, we can challenge the results and fight to have the evidence suppressed.
WHAT HAPPENS IF YOU REFUSE A BREATHALYZER TEST IN SOUTH CAROLINA?
South Carolina has an implied consent law, which means that all drivers are considered to have given their consent to a breathalyzer test. If you refuse to take a breathalyzer test, your driver’s license will be automatically suspended for at least six months. You will also be required to enroll in the state’s Alcohol and Drug Safety Action Program (ADSAP) and pay a $100 fee.
If you refuse a breathalyzer test, the police officer may still arrest you and charge you with DUI. However, without the results of a breathalyzer test, the prosecution will have a much harder time proving that you were intoxicated. Our Greenville breathalyzer test lawyers can help you fight the charges and protect your driving privileges.
HOW TO CHALLENGE BREATHALYZER TEST RESULTS
If you have been charged with DUI, the results of a breathalyzer test are not the end of the story. Our Greenville breathalyzer test attorneys can help you challenge the results and fight the charges against you. We will thoroughly review the details of your case and determine if the test was conducted properly. If there is any reason to believe that the test was flawed, we can challenge the results and fight to have the evidence suppressed.
There are several ways that we can challenge the results of a breathalyzer test, including:
- Proving that the machine was not properly calibrated
- Proving that the police officer was not properly trained to use the machine
- Proving that the machine was not working properly
- Proving that the test was not conducted in accordance with the law
Our Greenville breathalyzer test lawyers can also challenge the results of a breathalyzer test by questioning the police officer’s observations. If the officer did not have probable cause to pull you over or did not have reasonable suspicion to believe that you were intoxicated, the test results may be invalid. We can also challenge the results by questioning the officer’s administration of the test. If the officer did not follow the proper procedure, the test results may be invalid.
HOW OUR BREATHALYZER TEST LAWYERS CAN HELP
Being charged with DUI can be a frightening and overwhelming experience. You may be unsure of what to do next or how to protect your rights. Our Greenville breathalyzer test attorneys can help. We have a comprehensive understanding of this area of the law and can guide you through the legal process. We will explain your rights and options and help you make informed decisions every step of the way.
Our Greenville breathalyzer test lawyers will conduct a thorough investigation into the charges against you. We will review the details of your arrest and determine if the police officer had probable cause to pull you over. If the officer did not have probable cause, we can fight to have the evidence suppressed and the charges against you dismissed. We will also review the details of the breathalyzer test and determine if it was conducted properly. If there is any reason to believe that the test was flawed, we can challenge the results and fight to have the evidence suppressed.
Our Greenville breathalyzer test lawyers will aggressively negotiate with the prosecution on your behalf. We will work tirelessly to reach a favorable plea agreement that meets your needs. If the prosecution is unwilling to negotiate in good faith, we will not hesitate to take your case to trial. Our team has extensive trial experience and will fight tirelessly to protect your rights and your future.
SCHEDULE A FREE CONSULTATION WITH OUR GREENVILLE BREATHALYZER TEST LAWYERS
If you have been charged with DUI, you need an experienced breathalyzer test lawyer on your side. At Fedalei & Reid LLC, we are committed to providing each and every client with the compassionate care and aggressive representation that they deserve. We will fight to protect your rights and your future.
Give us a call at (864) 668-1661 or reach out to us online today to schedule a free consultation with our team.
Chris Fedalei
Attorney, Founding Partner
Chris became a founder and partner at FR Law LLC in 2022, where he focuses on criminal law to help defend people in Greenville County and throughout upstate South Carolina. As a private attorney, Chris brings his experience as a public defender to bear to protect the individual rights and freedoms of his clients. He looks at how each case pertains to the larger criminal justice system without losing sight of the individual impact.
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