An Experienced Criminal Defense Attorney Can Challenge Your Breath And Field Sobriety Tests
Just because you fail a breathalyzer test, it does not necessarily mean a conviction of a DUI/DWI is eminent. It is always worthwhile to consult with an experienced criminal defense lawyer who regularly handles DUI cases. As former prosecutors, the criminal defense attorneys of Young & Young, Attorneys at Law, understand how Charleston prosecutors approach these cases, and more important, know how to defend against them.
Can You Refuse A Breathalyzer Test In South Carolina?
If you refuse to take a breathalyzer test in South Carolina, your license will automatically be suspended for at least six months without exception. Most states, including South Carolina, have an implied consent law for chemical testing to determine the presence of drugs or alcohol in your system. This means that chemical testing is a condition of having a South Carolina driver’s license and you have already given your consent to take a breathalyzer test simply by having a driver’s license.
Can You Refuse To Take Field Sobriety Tests In South Carolina?
While you are required, by law, to submit to chemical testing like a breathalyzer test in South Carolina, field sobriety tests are voluntary. You have the constitutional right to refuse to take any field sobriety tests that law enforcement officers are asking you to complete.
Analyzing The Facts Of A DUI Arrest
After years of prosecuting cases for South Carolina, our attorneys have seen enough fact patterns and cases to quickly analyze whether the state has a good case. We will examine the breath test and standardized field sobriety tests you were given to determine if the results are admissible. If they are not, we will argue for the evidence to be suppressed. This may lead to a reduction or dismissal of the charges.
When Are The Results Of A Breathalyzer Test Inadmissible?
In South Carolina, any arrest for a DUI, chemical tests and field sobriety tests performed during a traffic stop are required to be videotaped. If a video was not taken or the subsequent recording is of a poor quality, our DUI attorneys can make the argument that your rights were violated.
We will view any arrest tapes and relevant evidence to determine if law enforcement officers followed the proper procedures during every stage of the arrest and chemical testing or field sobriety tests. If the officer failed to administer the tests properly, under the right conditions or failed to correctly observe your tests.
If you are arrested, there will be additional steps and a breath test at the police station. We will also examine any video from your arrest and booking, as well as the results of any additional tests to make sure proper protocols were followed. We may also examine the breath test machine’s calibration or maintenance history and any factors that may have affected the results.