William G. Yarborough

Is a South Carolina breath test really accurate

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Breath tests are often used to determine whether people in South Carolina have been drinking but evidence suggests they may not be accurate.

The South Carolina Department of Public Safety reports that almost 27,000 arrests were made in the state last year for drinking and driving. When people are stopped for a traffic violation, officers may ask them to take a breath test to determine whether they have been drinking. However, is the breath test really accurate?

It’s not science

Most people think that a breath test is a scientific tool that law enforcement use to measure alcohol in a person’s blood. However, the National Motorists Association states that this is far from the truth. Science is based on established formulas that always produce an accurate reading such as a blood test.

However, studies that have compared the readings of breathalyzers against the results of a blood test show over and over again that the breathalyzers are often inaccurate. One such study showed that the measurement from a breathalyzer is subject to a 50 percent margin of error. This means that a person’s actual blood alcohol content level may be over the reading or under it. This can lead to innocent people being charged with a DUI.

Alcohol isn’t the only substance measured

The Sociology Department at the State University of New York points out that one problem with many breathalyzers is that they don’t only detect ethyl alcohol – the chemical compound found in alcoholic drinks. There are many other compounds that are similar in structure to the molecules in ethyl alcohol and some machines will detect these compounds and use them to compute the person’s blood alcohol level.

One compound a machine may detect is acetone. Acetone levels are higher in people who are dieting or have been diagnosed as diabetic. As such, if people with these kinds of health issues are tested, their BAC could indicate that they are impaired, when in fact, they have not consumed one drop of alcohol.

Factors that affect breath test results

In addition to health conditions and the error margin, there are many other factors that have been shown to affect a BAC reading on a breath test. These include the following:

  • Tobacco smoke
  • Police radios and cellphones
  • Dirt
  • Blood
  • Temperature of the person and environment
  • Physical activity

Exposure to chemical-laced products can also raise a person’s BAC level. In one experiment, a person painted a wall with a gallon of oil-base paint after taking a piece of plywood and putting content cement on it. While the person had not consumed any alcoholic beverage, a breath test showed a .12 BAC level, well over the legal limit of 0.08.

When people in Greenville are charged with driving under the influence, they should understand that they have rights and options. Therefore, it may be of benefit for them to sit down with an experienced criminal defense attorney.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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