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You Can Challenge Breathalyzer Evidence
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You Can Challenge Breathalyzer Evidence

Did you get pulled over for a DUI and fail a breathalyzer test? Many people might not know this, but they can challenge breathalyzer evidence. The Law Offices of Lori S. Murray understands the DUI court process and will help defend your rights.

What Is a Breathalyzer Test?

A breathalyzer is a tool or machine used to measure your blood alcohol content (BAC). It generally requires a person to exhale into the machine. The machine then gives a reading as to the amount of alcohol measured from a person’s breath. Police officers routinely use breathalyzer tests in the field when they suspect a person of driving under the influence.

How Does South Carolina Use Breathalyzer Results?

Under South Carolina law, if police stop you on probable cause for DUI, then you legally must consent to take a chemical test to determine your BAC. If your BAC hits 0.08 percent or more, then a South Carolina police officer can arrest you for DUI. The court will then subject you to DUI proceedings. Authorities can use your blood alcohol content, among other things, as evidence to convict you of DUI.

In 2014, South Carolina passed Emma’s Law, which significantly increases the penalties for blood alcohol content levels above 0.15 percent. Among other things, Emma’s Law requires convicted DUI offenders to install ignition interlock devices into their cars.

How Can I Challenge My Breathalyzer Results?

You are not guilty, or automatically convicted, just because police arrested you and even charged you with a DUI. You’re entitled to your day in court and to challenge breathalyzer results, with which a DUI lawyer can assist. A person’s breathalyzer results may not accurately reflect the person’s actual level of intoxication when:

  • The breathalyzer is not reliable: Many variables go into producing an accurate BAC. You attorney can explore them to make sure an unreliable machine didn’t produce your results.

  • Calibration: Breathalyzers require proper calibration to produce accurate results.

  • Improperly administered test: An officer’s use of a breathalyzer requires proper training and use. Improper training or a badly administered test could invalidate the results.

  • Reasonable suspicion or probable cause: Did the officer follow appropriate South Carolina law before pulling you over on suspicion of DUI? If the officer did not have probable cause to pull you over, the court may deem any test results inadmissible.

Call a Lexington County DUI Lawyer Today to Learn Your Rights

If you or someone close to you was arrested for DUI, you need an experienced DUI lawyer immediately. If your breathalyzer test identified you as over the legal limit, you can still challenge your arrest and the breathalyzer test results. Please call (803) 779-4472 or contact us for your free DUI lawyer consultation.


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The Law Offices of Lori S. Murray is located in Columbia, SC. We serve Richland County, Lexington County, Columbia, Lexington, Cayce, West Columbia, and surrounding areas. The Law Offices of Lori S. Murray provides representation for people who've been seriously injured, people facing criminal charges and more.

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Law Offices of Lori S. Murray

803-779-4472 1527 Blanding Street, Columbia, SC 29201