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Can DUIs be dismissed in South Carolina?

On Behalf of | Jun 3, 2020 | Drunk Driving

Being pulled over and asked to perform a Breathalyzer test can be a very stressful situation to be in. You may be worried about the fact that you were pulled over, and interactions with law enforcement officials may cause you to act nervously.

If you took a Breathalyzer test and you were found to have a blood alcohol concentration (BAC) of 0.08% or higher, this will mean that you will face DUI charges. However, this does not mean you will automatically be found guilty of drunk driving. The following are ways in which you may be able to have DUI charges dismissed in South Carolina.

Show that the traffic stop was invalid

A police officer can only make a traffic stop if they have a reasonable suspicion that a crime has been committed. Therefore, if you can show that the police officer had no reason to pull you over, or even that the traffic stop was motivated by discrimination, you will likely be able to have all charges dismissed.

Show that the Breathalyzer test was inaccurate

Breathalyzer tests are notoriously inaccurate. Since they are designed for field use, they can often be faulty or produce false-positive results. If you can show that the test was inaccurate or give a medical explanation for why alcohol was measured in your breath, you’ll have a good chance of successfully avoiding charges.

It’s important that you challenge DUI charges made against you if you know you were not intoxicated at the time. Make sure that you have a full understanding of the laws put in place to protect you, and that you be proactive in your approach.