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How does a BAC test work?

In South Carolina, drivers give implied consent to submit to breath tests when asked to do so. The state allows an investigating officer or an officer who may take a driver into custody to conduct such testing. However, this is only the case when the test is being videotaped. Although tests are to be done as soon as practicable, there is no statute of limitations on when a test may be conducted.

Before beginning a test, an officer will inform the driver of his or her obligation under the law and turn on a video camera. The officer will then check the driver's mouth for any dental work or other foreign objects. After this is done, the testing period will begin. If the testing period begins prior to checking the driver's mouth, a new test may need to be started.

The final step in the process occurs when the officer who gave the test signs it or indicates that the driver refused to take it. In some cases, the driver will be given a chance to sign the form and may be given a copy of the test results. However, the driver may be given a copy of the test even if he or she does not sign it.

A driver who is charged with driving under the influence of alcohol could face severe penalties. In addition to license suspension or revocation, the driver may also face a fine and jail time. Therefore, it may be worthwhile to hire a DUI defense attorney to help dispute the charge. An attorney may be able to dispute the results of a breath test or the accuracy of the machine used. As all cases are different, any content in this blog should not be construed as legal advice.

Source: South Carolina Law Enforcement Division, "8.12.5 Implied Consent - Administration of breath alcohol tests", October 08, 2014

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