Yes, for four main reasons.
- There is no “legal limit” in South Carolina. What the law actually says is that if you blow .08 or more in a DUI case, the jury may use that evidence to find you guilty. Here’s what’s important: they don’t have to. If we truly had a legal limit, the jury would have no choice. In fact, there would be no need for one. You’d be convicted right after the test. But that’s just not how it works.
- The breath result is only one piece of evidence. A jury considers whether all the evidence proves you guilty beyond a reasonable doubt—a really high standard. The rest may point to an acquittal.
- The machine doesn’t test for the ultimate fact DUI cases are about: impairment. Cases can be won at trial with your reading because the evidence didn’t support impairment beyond a reasonable doubt. An experienced DUI defense lawyer knows how to use the officer's evidence to point out how your conduct and driving does not support a conviction—and find defenses you don’t know about, as shown in our free report on these cases. See the link below.
- The machine's not magic. While officers can get stars in their eyes calling it a scientific wonder, it's really a glorified grocery scanner. And it might just be wrong, or even broken.
A DUI Charge Does Not Mean Conviction
Even if you got charged with DUAC, your case is not open and shut. The jury can find you guilty based on the reading, but you get to present evidence contesting what (if anything) that reading means.
If you’ve been charged with DUI or DUAC and are already asking these questions, you’re headed in the right direction. If you truly felt this was a battle not worth fighting, you wouldn’t be reading this. Download or request our free report on DUI/DUAC cases revealing defenses you might not even know about. Call us at 864.582.0416 or toll-free at 888.230.1841 for a free meeting to talk about how we might help you win your case.