An Experienced Criminal Defense Attorney Can Challenge Your Breath And Field Sobriety Tests
Last updated on March 1, 2024
Just because you fail a breathalyzer test does not necessarily mean a conviction for a DUI/DWI is imminent. Consulting with an experienced criminal defense lawyer who regularly handles DUI cases is always worthwhile. As former prosecutors, the criminal defense attorneys of Young & Young, Attorneys at Law, understand how Charleston prosecutors approach these cases and, more importantly, 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 by holding a South Carolina driver’s license, you have already consented to chemical testing, including breathalyzer tests, as a condition of licensure.
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 ask 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 and standardized field sobriety tests you were given to determine if the results are admissible. If they are not, we will argue for suppressing the evidence. 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 poor quality, our DUI attorneys can argue 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, whether chemical testing or field sobriety tests. If the officer failed to administer the tests correctly, under the right conditions or was unable to observe your tests accurately,
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 and the results of any other tests to ensure proper protocols were followed. We may also investigate the breath test machine’s calibration or maintenance history and any factors that may have affected the results.
Schedule A Free Consultation With A Charleston DUI Lawyer
Our firm offers free consultation appointments to discuss your case. Call us at 843-619-7755 to schedule your free consultation. You may also contact us online if you prefer.