Breathalyzers in Columbia DUI Cases

If you received a high BAC reading on a breathalyzer but know that you had not consumed alcohol behind the wheel, there is a strong potential that the machine picked up the presence of other particles in the air and simply read them as alcohol. It is important to realize that breathalyzers in Columbia DUI cases are not fool-proof devices, and are not even able to distinguish between alcohol particles and other substances in the air. For this reason, an individual accused of a DUI will need the help of a qualified defense attorney on their side throughout their trial proceedings. Read on to learn more about breathalyzers in Columbia DUI cases, as well as the ways a weathered lawyer could fight for your rights today.

Common Misconceptions about Breathalyzers in Columbia DUI Cases

While many individuals believe that breathalyzers in Columbia DUI cases are testing for alcohol in an individual’s breath, that is not true. The machine is ultimately testing for particles in the air and reading them as alcohol. This makes it possible to receive a false positive if the driver has diabetes, causing blood sugar to be on their breath when they exhale. The machine can easily read this as alcohol. This could also occur if someone has worked in a chemical factory or a nail salon and has inhaled chemicals all day. Because breathalyzers in Columbia DUI cases do not know for sure whether or not those foreign particles are alcohol, it can result in a high BAC reading even if the driver was sober.

Challenging Breath Test Results

If an individual blows a .15 or above on a breathalyzer, their license will be suspended for one month. If they refuse to take the test entirely, their license will be suspended for six months. However, a professional attorney knowledgeable about breathalyzers in Columbia DUI cases will know there is a statute within the South Carolina code of laws that allows an individual to challenge the suspension of their license based on these causes. To do this, the driver must go to the Office of Motor Vehicle Hearings Administrative Law Court. After filing the case within 30 days for the hearing, they can challenge that suspension in an attempt to get that evidence suppressed. The arresting officer would also have to testify at this hearing.

Contacting a Knowledgeable Defense Attorney

During cross-examination, the defendant’s attorney can challenge the officer about working breathalyzers in Columbia DUI cases, how they do their job, and how they come up with their readings. When law enforcement has no clue as to how it does anything other than pushing the instruction buttons, it is less credible to the validity of the machine, because the officer who is testifying for its credibility does not understand how it works. This can be a significant factor in the outcome of one’s case if their breathalyzer results were unreasonably high. If you wish to learn more about breathalyzers in Columbia DUI cases and feel as if you were taken advantage of by law enforcement, do not hesitate to reach out to a skilled defense attorney today for your initial consultation.