South Carolina DWI Defense Attorney David A. Braghirol
Frequently Asked Questions

The following information includes frequently asked drunk driving (DWI) defense questions. The answers stated are general in nature and are not intended to apply to every drunk driving (DWI) situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Columbia, South Carolina DWI defense lawyer David A. Braghirol, you can receive a personal consultation regarding your specific criminal defense case.

What is DWI?

DWI is the most commonly used shorthand for Driving While Intoxicated. A person can be charged with DWI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any controlled substance to the extent that his or her mental faculties are impaired and/or his or her blood alcohol level (BAC) is above the legal limit for the state. Even if you do not serve actual jail time, a DWI (drunk driving) conviction on your record can affect your life in many ways, including your ability to maintain your driver's license, obtaining auto insurance and perhaps most importantly your ability to get employment in the future with the company that you want. A DWI arrest is no trifling matter. If you have been arrested for driving under the influence of alcohol or a controlled substance, call Columbia, South Carolina drunk driving defense Attorney David A. Braghirol today to protect your legal rights.

Is there any way to avoid a DWI?

It sounds simple, but don’t drink and drive. Take a taxi, designate a driver, walk, call a friend, but no matter what, do not drink and drive. Many people arrested for drunk driving didn’t even realize how much alcohol they consumed during the dinner party they were attending or how many beers they drank while watching the football game with buddies. If you are arrested or charged with Driving While Intoxicated (DWI) in Columbia, South Carolina, call DWI defense Attorney David A. Braghirol today. You still have rights within the legal system and it is important to protect those rights in order to get the best possible outcome.

Do I Need A Lawyer?

If you fall within any of the following categories, you should consult an experienced DWI defense attorney:

• DWI Drivers who injure or kill others
• DWI Drivers who were involved in an accident
• DWI Drivers with prior convictions
• DWI Drivers who have refusals alleged
• DWI Drivers who have levels of 0.15% or greater
• DWI Drivers who Hit and Run
• DWI Drivers on Probation
• DWI Drivers under the age of 21
• DWI Drivers who were speeding in excess of 30 Mph of the posted speed limit
• DWI Drivers who have children under 14 years old in the vehicle
• DWI Drivers with medical conditions that could affect field sobriety testing
• DWI Drivers with medical conditions that could affect chemical testing
• DWI Drivers who were stopped by Police within 1 hour of last drink
• DWI Drivers who were stopped at checkpoints
• DWI Drivers who were stopped by Police without cause or reasonable suspicion
• DWI Drivers who feel that they were not impaired by alcohol or drugs
• DWI Drivers arrested for Driving Under The Influence (DUI) of prescription medication
• DWI Drivers who have a low BAC (0.10% or lower)
• DWI Drivers who risk job loss if driver’s license is suspended or if convicted of DWI
• DWI Drivers who hold commercial licenses

Judges in many Courts will treat some of these drivers differently, from their initial appearance in Court to the final sentence that is imposed. Some of these differences are required by law, such as mandatory minimum jail sentences for certain offenses or for multiple convictions, others are at the discretion of the individual judge. Many judges will set additional bail for multiple offenders and remand them into custody until a bond is posted. Drivers who are currently on probation will have their probation revoked and a probation violation hearing will be set.

Can I Challenge The Results Of A Breath Test?

The validity of breath testing rests upon a vast array of assumptions that can be attacked by an experienced DWI attorney in a wide variety of cases, beginning with challenges to the following common assumptions:

1. Assumption: The machine is in proper working order and has been properly calibrated.

Even if everything is in proper working condition, there can be an acceptable variation of +/- 0.02%. If your result is a 0.10%, that's a 20% error factor. How would you feel if the altimeter of an airplane was 20% off?

2. Assumption: The sample was properly obtained.

The law requires that you be under continuous observation for 15 minutes prior to your breath test to prevent "mouth alcohol". If the operator of the breath device did not have you under continuous observation for 15 minutes prior to testing, your test may be invalid. Even if you were observed, you may still have medical conditions that may make you an improper candidate for breath testing. These conditions include common ailments such as heartburn and gum disease.

3. Assumption: The sample was obtained after defendant absorbed all the alcohol.

Breath testing assumes that the subject is post absorptive.This is important because the machine is calibrated to multiply the breath result by 2100 to calculate your blood alcohol level. If you were still absorbing alcohol, this would tend to significantly over report your true blood levels.

4. Assumption: The temperature of the defendant’s breath was 34 degrees centigrade.

State of the art breath testing equipment actually measures the temperature of your breath and will subtract any false high result due to elevated breath temperature. Studies done with breath testing equipment establish that the real average breath temperature for arrestees in DWI cases is closer to 35.5 with readings actually over 37. This alone would cause a false high of between 10 to 20%.

If you are charged with DWI and the police had you submit to a breath alcohol test, call South Carolina DWI defense lawyer David A. Braghirol now.

Do My Medical Conditions Effect DWI Testing?

The defense of a DWI case requires specialized knowledge about physics, chemistry, biology, anatomy, toxicology, pharmacology and how these scientific disciplines interrelate. Chemical testing for blood alcohol levels assumes that the subject is a normal, healthy average person. There are countless medical conditions, which can affect the accuracy of chemical testing and the appropriateness of field sobriety exercises. The following are examples of medical conditions that could effect DWI testing:

• Periodontal (Gum) Disease
• Dentures
• Faulty Bridge Work
• Gastric Reflux Disease (Heartburn)
• Flu
• Fever
• Pre-Menstrual/Menstrual
• Diseases of the Lungs
• Heart Disease
• Accidents with Air Bags
• Diabetes
• Inner Ear Conditions
• Attention Deficit Disorder
• Pre-Existing Injuries to Back, Legs, Etc.

The prosecution bears the burden of proving its case before it can get a conviction against you for DWI. You have a right to challenge the evidence. Call DWI defense Attorney David A. Braghirol now.

TAKE ACTION TO PROTECT YOUR RIGHTS:

If you or a loved one has been arrested or charged with a crime in Columbia, South Carolina or within the surrounding cities and counties of South Carolina and need the help of an experienced criminal defense lawyer, call South Carolina DWI Attorney David A. Braghirol today at (888) 234-1089, or complete the contact form provided on this site to begin your consultation with a dedicated South Carolina drunk driving defense trial attorney.