Previous posts here have discussed the ramifications for a person charged with driving while intoxicated. Currently, South Carolina law states that one circumstance under which a driver can face DUI charges if a Breathalyzer test returns a blood alcohol content of 0.08 or higher. However, this BAC may be changing if the recommendations of the National Transportation Safety Board are taken into consideration.
Numerous posts in this blog have discussed the severity of DUI charges and the potentially lifelong impacts they can have on the accused and convicted. However, other posts have also discussed that defense attorneys are often able to negotiate a better outcome for the defendant based on the details surrounding the traffic stop, search and seizure or more. That is exactly what has happened in a South Carolina case that ultimately resulted in throwing out the Breathalyzer test results in a DUI case.
Several months ago in our Charleston DUI Law Blog, we discussed problems with the accuracy of breath tests, which measure blood alcohol content, in Washington, D.C. In that case, the breath tests were actually taken out of the field altogether when inconsistencies were reported with several of the devices.
One frequent theme in our Charleston DUI Law blog has been the subjectivity and inaccuracy of field sobriety tests. However, many South Carolina residents are probably unsure of exactly how these tests are supposed to be conducted. Earlier this week, Charleston's WCBD TV station spoke with deputies about just that.