Contrary to popular belief in South Carolina, you cannot prove your innocence, or tie your own noose for that matter, by providing a breath sample at the scene of a traffic stop. (Unless the police are operating a mobile breath testing unit which is the exception and not the rule). Portable breath test devices are not used in South Carolina to determine a person's level of intoxication prior to an officer making an arrest. Citizens are only offered a breath test after they have been arrested and taken to jail. Most people I speak with who blow are motivated to provide a sample based on the following balancing test:
"If I blow and blow under a .15%, I get to keep my license. If I blow over a .15%, I only lose my license for one month versus six months if I refuse. I have to roll the dice because I cannot lose my license."
What most fail to realize is that regardless of whether one refuses the test or provides a sample of .15% or greater, they are eligible for a temporary alcohol license which provides nearly identical driving privileges as their original license, which was taken.
Bottom line: In South Carolina, datamaster testing is done at the jail, after an arrest. A breath sample reading over the legal limit is not evidence the police officers use when deciding to make an arrest, rather a breath sample reading over .08% is used to justify their decision to arrest.
If you have been arrested for a DUI, drug charge, assault charge, or any other criminal offense in South Carolina please call my office to schedule a free interview. I also handle driver's license issues, parole cases, and other matters. If you have questions about a search warrant, arrest warrant, or any other issue involving your personal rights and liberty, please feel free to contact my office as well. At my office, you will receive a free interview in criminal cases. If retained, I will go about protecting your initial court appearance, if possible, and begin investigating the case. If you have questions about a criminal or DUI case or questions about this article, feel free to contact me at (843) 761-0610. If you would like to read more about South Carolina's DUI and criminal laws, copy/paste this link into your search heading http://www.vannoylawoffice.com/blog/
If you have questions regarding a DUI or criminal case in Berkeley, Charleston, or Dorchester County, please contact my office today at (843) 761-0610 or through the contact page on this website.
Brady Vannoy is a criminal defense lawyer in Berkeley County, South Carolina. He carries a Martindale-Hubbell AV Preeminent Rating. According to the rating system, "AV Preeminent(r) is a significant rating accomplishment – a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence."
Brady Vannoy is a member of The National Trial Lawyers, Top 100 Trial Lawyers in South Carolina. You can find his profile at www.thenationaltriallawyers.org.
He regularly defends cases in Berkeley, Charleston, and Dorchester counties. Brady is a member of the South Carolina Association of Criminal Defense Lawyers, The National Association of Criminal Defense Lawyers, and The National Trial Lawyers, Top 100. Brady defends DUI and all types of criminal cases in Berkeley, Charleston, and Dorchester counties along with other areas of the South Carolina low country. He can be reached at (843) 761-0610, firstname.lastname@example.org, or through the contact page on this website.