Summerville, SC asked in DUI / DWI for South Carolina

Q: can breath results not be admissible if longer than 2 hours

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2 Lawyer Answers
T. Augustus Claus
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  • DUI & DWI Lawyer
  • Las Vegas, NV

A: In South Carolina, the admissibility of breath test results in DUI cases can depend on various factors, including the timing of the test. Although there may not be a strict "two-hour rule," the longer the time between the alleged offense and the test, the more room there is for questioning the test's validity. However, the court may consider other factors like field sobriety tests, officer testimony, and other evidence.

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Casey Brown
Casey Brown
  • DUI & DWI Lawyer
  • Columbia, SC
  • Licensed in South Carolina

A: In SC, there is a two hour limit on breath tests. However, recent caselaw has created an exception in cases where the officer was required to perform other duties related to the incident and has provided an affidavit explaining what they had to do prior to taking the person to the breath testing facility.

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