DUI Breath Tests
If you are facing a DUI charge, call us today
When police in South Carolina suspect a driver of driving under the influence, they will immediately focus on getting evidence to prove their case. One of the most important pieces of evidence used in many DUI cases is the result of a breath test. At the law firm of Matt Bodman, P.A., we know how damaging a DUI conviction can be. That’s why you need an experienced DUI attorney on your side.
Under South Carolina’s “implied consent” law, licensed drivers consent to chemical testing if a police officer suspects them of driving under the influence. Drivers can refuse to take a breath test, but they then face a license suspension of 6 months for a first offense (longer if they had previous offenses). They can still be arrested for DUI, however.
In South Carolina, police use the DataMaster DMT machine to conduct breath testing. The machine is located at the police station, and the results can be used as evidence against you in court. However, that evidence is only admissible if the police followed proper procedures for administering the breath test. For example:
- You must be notified that you have the right to refuse the test.
- You must be tested within 2 hours of your arrest.
- There must be a 20-minute observation period before the test.
- The test must be recorded on video, including the observation period.
- The test administrator must be properly trained and certified.
- A simulator test must be run first, and the reading must fall between 0.076 percent and 0.084 percent.
- The DataMaster machine must be properly maintained.
- You have the right to request additional tests by a qualified person of your choosing, at your expense (for example, a blood test conducted by a medical professional). The officer must help fulfill that request.
A DUI conviction can have a significant impact on your life. You may face thousands of dollars in fines, jail time, increased insurance premiums and personal and professional consequences. That’s why you need an experienced South Carolina DUI attorney who will fight for your rights.
Building a strong defense
A former prosecutor, attorney Matt Bodman knows how important breath test evidence is in the state’s case against you. He also knows that sometimes mistakes are made, and that those mistakes can result in breath test evidence being ruled inadmissible. That’s why he thoroughly investigates the breath test you were given to look for procedures that weren’t followed.
Prosecutors can use other evidence when pursuing a DUI case against you. But without breath test evidence, their case is not as strong. Attorney Bodman provides an aggressive defense against the charges you face. A skilled negotiator and litigator, he has often been able to have charges reduced or even dismissed.
If you’ve been arrested on a DUI charge, it’s very important to talk to an experienced attorney as soon as possible. Attorney Bodman can review the details of your case, answer any questions you have and go over your options. Don’t delay. Call (866) 487-9077 today to schedule a free consultation at our Columbia office.