South Carolina Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

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Multi-State
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US-02161BG
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Word; 
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Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.


Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

What Happens If You Refuse a Breath (or Blood) Test in South Carolina? If you refuse the breath test, your license will be immediately suspended for a period of at least 6 months. You will also have to enroll in and complete the Alcohol & Drug Safety Action Program (ADSAP).

Under South Carolina's zero tolerance law, it is unlawful for any person under the age of 21 to operate a motor vehicle with a BAC of 0.02 percent or higher.

Beginning in May 2024 the law mandates anyone convicted of driving under the influence to get an ignition interlock device installed in their car which prevents them from driving if their breath registers a blood-alcohol content of 0.02 percent or higher.

These tests are allegedly designed to determine whether or not a person is under the influence of alcohol or drugs. FSTs are physical tests, and a breath test is chemical. You are not required to perform field sobriety tests, but South Carolina law does not compel the arresting officer to inform you of this right.

What happens when you get your first DUI in South Carolina? After your first DUI in South Carolina, you could face a six month license suspension. You could be sentenced to between 48 hours and 30 days of incarceration, and may be required to pay a fine up to $400.

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South Carolina Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI