Many people assume that a breath test is a decisive measure of intoxication. Fortunately, the chemical means of determining a BAC are far from foolproof. If you were charged with DUI under the premise of a breath test at or above 0.08%, you can still fight your charges.
There are a number of ways you can combat a failed breath test. For example, the results of a breath test are based on an average ratio of alcohol particles in a person’s blood to alcohol particles in their breath. Because this is an average, it is often inaccurate on a case-by-case basis. Your lawyer may take your weight, height, and metabolism into account when defending against an unfavorable breath analysis.
Because the breath test takes place a few hours after driving, a person charged with DUI may have been under the legal limit at the time of arrest. They may have even been under 0.08% at the time of testing, but were charged with DUI because of the margin of error in testing. Your attorney may use these arguments to demonstrate your innocence in a drinking and driving case. Other avenues of defense include proving that the officer did not have a reasonable cause to pull you over, or demonstrating that some alcohol remained in your mouth, spiking the test results.
You are far from hopeless after the breath test. My name is Andrew Farley, and I am the attorney at The Farley Law Firm, LLC. I have provided premier DUI defense throughout South Carolina and can take your case. Contact my firm today to schedule a free consultation.