How To Fight A Breath Test in South Carolina

In South Carolina, a breathalyzer test is a commonly employed method by law enforcement to assess the blood alcohol content (BAC) of drivers suspected of operating a vehicle while under the influence of alcohol. When a driver is pulled over and displays signs of potential intoxication, an officer may administer a breathalyzer test to determine the extent of impairment. This test entails the driver blowing into a handheld device that measures the concentration of alcohol in their breath. If the BAC surpasses the legal limit of 0.08%, the driver can face charges for driving under the influence (DUI).

Breathalyzer tests are typically administered during traffic stops in South Carolina when officers possess reasonable suspicion of impairment. They serve as a crucial tool for law enforcement in upholding public safety on the roadways. Nonetheless, undergoing a breathalyzer test can be a daunting and unsettling experience for many individuals. The prospect of facing legal repercussions, such as license suspension, fines, or even imprisonment, can generate significant anxiety. Furthermore, there is a common misconception among some people that the results of a breathalyzer test are infallible and cannot be contested, intensifying feelings of fear and helplessness during the process. A DUI attorney may help with fighting breath tests in court, and it is important to recognize that individuals have legal rights and options to challenge the outcomes of a breathalyzer test in order to fight a breath test in court. 

Environmental Factors Can Affect Results

Environmental factors can significantly impact the accuracy of breathalyzer test results, providing potential grounds for individuals in South Carolina to contest the validity of such tests in court. While it may be unlikely for someone to encounter paint fumes, varnish, or certain chemicals like plastics and adhesives during a breathalyzer test, it has been known to happen and can lead to false results. However, more commonly encountered environmental factors include temperature variation and radio frequency interference (RFI).

Temperature variation plays a crucial role in breath testing science, as the temperature inside and outside the body should ideally be consistent. Yet, studies have demonstrated that the average temperature of exhaled breath tends to differ by approximately one degree from the surrounding air outside the mouth, which is where the breathalyzer device measures the temperature as a reference point. This disparity can lead to an overestimation of about 8% in blood alcohol content (BAC) compared to actual blood levels.

Another environmental factor that can affect breathalyzer test accuracy is RFI. Surprisingly, modern handheld breathalyzer devices are calibrated to avoid interference from radio frequencies used in the 70s and 80s, with RFI detectors often calibrated using only a single calibration device. However, the range of radio frequencies has expanded significantly since then, rendering the outdated calibration inadequate. Furthermore, the testing of these devices in labs often relies on outdated wavelengths, frequently omitting the use of real test subjects.

These environmental factors, along with others not mentioned here, can cast doubt on the reliability of breathalyzer test results and can be raised in court as part of a defense strategy in South Carolina. By highlighting these factors and demonstrating potential inaccuracies, individuals can contest the validity of breathalyzer results and challenge the legal consequences that may arise from them.

Human Error Is A Common Defense For Breath Tests In SC

In South Carolina, human error can play a significant role in mounting a defense against breath test results. Despite law enforcement officers undergoing standardized training and certification for administering breathalyzer tests, the potential for human error remains. While administrative rules establish minimum requirements, strict adherence to guidelines is essential to ensure accurate results. Failure to follow protocols, such as the prescribed 20-minute observation period, changing mouthpieces, labeling independent sample tubes correctly, or inputting accurate serial numbers, can compromise the reliability and admissibility of the test results. Two common examples of human errors in breathalyzer testing are calibration and consistency.

Calibration is a vital aspect of breathalyzer machines. These devices require periodic calibration, along with battery replacements, to maintain their accuracy. Over time, the sensor within the device can become saturated, leading to result drift. Calibration acts as a reset, much like resetting a clock, to ensure that the breathalyzer provides precise readings.

Consistency in conducting multiple breath tests is crucial for obtaining accurate and reliable results. Tests that utilize fuel cell sensor technology are particularly known for producing consistent and accurate results when repeated tests are performed.

By highlighting instances of human error in breathalyzer testing, individuals have the opportunity to challenge the validity of the results and argue for their inaccuracy and unreliability in court. 

These errors underscore the importance of adhering meticulously to protocols and ensuring proper maintenance of equipment, emphasizing the need for a comprehensive examination of breath test procedures.

Breathalyzers Can Malfunction Or Give False Results

Challenging breath test results based on machine error can be a strong defense strategy in South Carolina. Many do not realize how often breathalyzers are wrong. It is crucial to acknowledge that no breathalyzer machine is without flaws, as various factors can contribute to inaccuracies. Brochures and sales materials for breathalyzers often specify a margin of error, which can reach as high as 14%. Several common issues highlight the potential for machine error:

• Semiconductors - Breathalyzers employ semiconductor sensors that can produce false positives when exposed to non-alcoholic substances like ketones. This means individuals on low-carb diets or those with diabetes may register false positives during testing.

• Foreign Substances - Alcohol vapors emitted from substances present in the mouth, such as mouthwashes, breath fresheners, toothache medicines, or even foods infused with alcohol, can lead to false positives if their concentration exceeds the amount exhaled from the lungs. Even smoking cigarettes can cause a test to read higher than the actual presence of alcohol.

• Solids to Liquids Ratio - The ratio of solids to liquids in the blood can vary significantly from person to person. If an individual has a higher proportion of blood solids, their measured blood alcohol concentration (BAC) may appear higher than someone with a lower blood solids content. Normal variations in this ratio can contribute to a notable margin of error (10-14%).

• Nerves - Breathalyzer machines cannot account for the breathing patterns of an anxious individual taking the test. Holding one's breath before blowing into the device can result in increased air volume and warmer breath, both of which can lead to higher BAC readings. Nervousness or anticipation of the test may cause individuals to hold their breath, potentially inflating the BAC results.

By highlighting these potential sources of machine error, individuals can challenge the accuracy and reliability of breath test results in South Carolina. This underscores the importance of considering the limitations and vulnerabilities of breathalyzer machines, emphasizing the need for meticulous examination and scrutiny during legal proceedings.