An individual who is arrested for drinking and driving can be charged with either one of two crimes. If the police officer made the arrest based on observed signs of impairment or intoxication such as a failed field sobriety test, then the charge will most likely be filed under South Carolina Code of Laws §56-5-2930, “Operating motor vehicle while under influence of alcohol or drugs.” If your arrest was based on a failed chemical test of your breath, blood, or urine, then you will probably face charges under §56-5-2933, “Driving with an unlawful alcohol concentration.” If your blood alcohol concentration (BAC) was tested at 0.08% or more, then you can be charged and convicted of driving under the influence and can be subjected to the harsh DUI penalties provided by state law.
The bad news is that DUI cases in which a high BAC is the primary evidence can be more difficult to defend against than those where the charges are based on a failed field sobriety test. The good news, however, is that there are proven strategies for fighting charges of this nature, and your conviction is anything but certain. While chemical tests are less subjective than other types of DUI tests, they are still not foolproof; false positives are a common occurrence. By involving a Myrtle Beach DUI lawyer in the case now, you may be able to clear yourself of the charges and avoid the serious penalties you face.
One of the first questions to raise regarding a high BAC test result is whether the equipment was in proper working order. If you submitted to a Datamaster breath test, your attorney can subpoena the maintenance and calibration records of the machine to determine whether it should be trusted to provide reliable evidence. Another place to look is in the records that detail the chain of custody of your blood sample. Any gaps in the record may make it doubtful whether the tested sample was actually yours. Similarly, if the sample was contaminated, the foreign substance could have fermented and caused the test to detect alcohol. These are only a few examples of strategies that can be employed in challenging DUI evidence. Whether your arrest took place in Horry County or Georgetown County, contact our Law Firm now for a free consultation to get started on your case. Our attorney has been trained in the detection and investigation of DUI cases, and he knows where to look for weaknesses in the evidence against you.
Contact the Myrtle Beach DUI firm on 1-803-374-0389 today and find out how they can challenge your BAC results.