South Carolina Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

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Multi-State
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US-02216BG
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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

Your driver's license will automatically be suspended for six months. You will have no proof of your blood alcohol content (BAC) level in court. The judge or jury might not look favorably on your breath test refusal. The prosecuting attorney might hit you with heavier charges.

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.

South Carolina law prohibits driving a motor vehicle with a BAC 0.08 percent or higher. If you are convicted of driving with an unlawful alcohol concentration, you face the same penalties as you would for a DUI conviction (see above).

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.

Refusing a Test Will Cost Your South Carolina Driver's License. The first consequence of refusing the breathalyzer in South Carolina is that your license will be suspended for a period of six months if this is your first time refusing the test. There are no exceptions; the license suspension is a mandatory requirement.

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.

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South Carolina Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI