Legal Question in DUI Law in South Carolina

i just need to ask a few questions

I was going down the highway at 8.00pm at night and can up on highwaymenthey was 2 parked cars on left side of road and one in the middle so that makes 3 cars the highway men had there blues lights on i was going down the right side of road and i can up on the cars i could see the blue lights for near a 1/2 mile and they was no signs saying a road check so i slowed down real slow and moved on threw and after i pasted the 3 cars on other side road i heard a voice say hey so then right away i stopped and backed up and highway man came to me i give him things he needs driving prove and ins. prove and then he asked me if i was drinking and i told him no and he told me to get out of car i did and before he told me anything he put hand cuffs on me and i asked what you doing and he then said taking you to jail and i asked for what and he said drinking and driving there was no open containers found in car and took me in to give test and siad i blowed over .19 I have my tongue periced and use albuterol reg. could that have messed the test up to make me blow that high? thanks and hope to here something real soon oh and the officer that took me in did the test and i had to ues restroom and had to leave door open with me and just male office


Asked on 11/03/04, 2:07 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: i just need to ask a few questions

There is a 20 minute waiting period for taking a breath test in South Carolina. The 20 minutes start to run after the officer checks the person's mouth to make sure there is nothing in it. Theroretically any alcohol if the mouth will disapate in the 20 minutes. Its therefore unlikely that albuterol contributed to the test results, especially since it is doubtful that you had any during the arrest process. There are however other factors that can cause a breath test to give a false reading. As far as the open bathroom door is concerned, that may not have been professional of the officer, but it isn't a defense to the DUI charge.

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Answered on 11/03/04, 6:05 pm


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