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Holland & Usry, P.A.

I got arrested for DUI and blew .06. The officer refuses to dismiss it even though I blew under the legal limit. Can he do that?

Surprisingly, yes. This is another reason why there really is no such thing as a “legal limit” for DUI breath tests. That’s right, you can still get stuck with a DUI if you blow under the so-called legal limit of .08.

Here’s why: the South Carolina DUI law allows you to be convicted at levels as low as .06. The reason folks call .08 the “legal limit” is because the DUI law allows the jury to conclude you were impaired at that level. They don’t have to, of course—we’ve had clients get acquitted at twice that level.

If you blew .06 or .07, the law allows the jury to consider your breath test along with other evidence in reaching a verdict.

A .05 or less results in automatic dismissal, unless the officer whips out another weapon in his accusation arsenal: the claim you must have been using drugs. That’s right: the cop can tell the jury that his years of law-enforcement experience led him to conclude you were intoxicated based on your behavior, independent of any breath test.

For any low reading, the officer’s insistence on your guilt can throw a monkey wrench into your case: a request for a urine or blood test based on his (often newfound) accusation you had to be on drugs, too, since your breath test wasn’t high enough.

If you’ve got an officer insisting on convicting you despite a low reading, it’s time to hire a professional to take him on. The truth is, these “low blow” cases aren’t a slam dunk for either side—but there is so much at stake for you if you lose, you need an experienced DUI trial lawyer to convince the officer to reduce your charges or win your case at trial.

Because these cases move fast, your time is running short. Feel free to start a live chat with us to schedule an appointment for a free meeting about what we can help you do to avoid the lowest blow of all—a DUI conviction that can damage your reputation, cost you thousands, and burden you with ignition interlock.

Rob Usry
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Rob is a South Carolina personal injury and criminal defense lawyer.

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