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Man awaits trial for high breath test and drunk driving charges

In South Carolina, a resident can be charged with drunk driving if they have a blood alcohol content of .08 or higher. The ramifications for driving while intoxicated can be very severe. However, when a Breathalyzer or DataMaster results in a high breath test, the potential consequences become incrementally more severe.

People that find themselves in this situation may feel discouraged and helpless. They may believe there is nothing that can be done to dig themselves out of trouble. However, that is not necessarily the case. There are experienced drunk driving defense attorneys who defend difficult cases but it is important to note that these complicated cases are not always quick decisions. For example, a South Carolina man is still awaiting his trial on felony DUI charges that resulted from an accident in May of 2011.

According to allegations made in the civil lawsuit, the South Carolina man caused the death of a 24-year-old after the man had been drinking at a nearby bar. When police arrested the man, he had a BAC level of .20.

Under South Carolina law, a high breath test is anything that is over .15. When a driver blows over a .15, he or she is subject to an automatic revocation of their driver's license for at least 60 days but possibly for longer.

These types of cases are challenging but there are defenses available for a high breath test. For example, there are experienced drunk driving attorneys in South Carolina that have had their clients' charges reduced or dismissed due to breath test errors. The laws are in place for good reason, to keep the roadways and citizens safe and deter drunk driving but it is important to uphold the rights of a driver charged with DUI as well and breath tests and the results must be accurate. When an attorney is educated on the inner workings of a Breathalyzer or a DataMaster and how they operate, it is possible for them to prove that the test results were inaccurate.

Proving a breath test error, an error in the traffic stop procedure or an inappropriate search and seizure can lead to a much better outcome for the defendant than was initially expected.

Source: UPI.com, "Coach's estate settles in DUI case," March 25, 2013

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