When you’re pulled over and suspected of drunk driving, the arresting officer might ask you to take a breathalyzer test. Several misconceptions exist about what your rights are under these circumstances and the type of tests you might need to do.
Such misunderstanding could lead to more problems, especially when faced with DUI charges in South Carolina.
At DUI Lawyer Greenville, SC., we help our clients understand all the different aspects of their DUI/DWI cases. We believe that better-informed clients can make better decisions about their DUI cases.
If you have any questions or need to speak to a DUI lawyer in Greenville or elsewhere in South Carolina, call us today at 864-523-7776 to schedule a free initial consultation.
Can You Refuse A Breathalyzer Test?
Yes, you have the right to refuse to take a breathalyzer test. However, you should know that this refusal will come with a penalty.
When the arresting officer asks you to perform the test, they are required to let you know you have a right to refuse. You can decline to take the test without saying why.
If you refuse to take the breathalyzer test in South Carolina, your driver’s license might be suspended automatically.
You may also be mandated to complete the Department of Alcohol and Other Drug Abuse Services course. You may face a fine to get your license reinstated once you complete the program.
Keep in mind that your refusal may also be used against you in court. Plus, if you were unable to take the breathalyzer test because you had an injured mouth or for any reason considered acceptable by a licensed medical professional, the officer might request you to provide a blood sample.
Refusing to provide a blood sample has the same consequences as refusing a breathalyzer test.
What Factors Contribute to BAC?
South Carolina law prohibits drivers from operating motor vehicles while intoxicated. The legal blood alcohol concentration (BAC) limit is 0.08%. Being found driving while over this limit could lead to DUI charges.
Several factors may contribute to the blood alcohol content in a person. These factors include:
- How quickly the alcohol was consumed. The faster you drink the quicker the BAC will rise.
- How much you weigh. Men usually have more blood due to their greater size, which could help dilute the alcohol.
- What you ate last. About 20% of the alcohol is absorbed through the stomach. If the stomach is full, the alcohol is absorbed more slowly.
- Whether you used a mixer. Carbonated drinks help to speed up the process of alcohol absorption. Fruit juices and water have the opposite effect.
- Whether you’re taking any medications. Some medications will amplify the effects of alcohol and raise the BAC level.
- Gender. Gender has an important role in determining the BAC level.
Implied Consent in South Carolina
South Carolina laws stipulate that once you get your license, you implicitly agree to take certain tests in the future if you ever get pulled over on suspicion of driving under the influence.
If you are unable to take a breath test during the traffic stop, the arresting officer may request a blood sample.
Keep in mind that you’re only required to do these tests if you’re ordered to do so by the officer. The law requires the arresting officers to give the arrested individuals transportation to the nearest medical facility for independent testing.
If you refuse to take these tests, your license could be suspended. This may happen even if you don’t get convicted, as you won’t even get the chance to defend yourself in court to prove your innocence.
What if I Take the Test and Fail?
Breathalyzers are not perfect tools. As such, it’s possible for a test to return a false positive. At DUI Lawyer Greenville, our team can do the following based on the circumstances of your case:
- Challenge the reliability of the breathalyzer test.
- Demonstrate how the breathalyzer device was not properly calibrated.
- Show that the device was not maintained properly.
- Demonstrate the operator’s error or lack of training.
- During the discovery part of your case, we will go out of our way to obtain the evidence and information we need to support arguments against the admissibility of the breathalyzer test.
You Need a DUI Defense Lawyer
An experienced Greenville DUI lawyer can help you understand the nature and complexity of the charges brought against you and ensure your rights are well protected. The following are some of the ways we can help:
- Negotiate with your prosecutors on your behalf.
- Attempt to get your case dismissed.
- Work to get your case expunged.
Let our Greenville DUI Lawyers Help You
Our team will investigate your charges, respond to any questions or concerns you may have, and do everything in our power ethically and legally to get the results of the Breathalyzer test dismissed, win your case at trial, and find a resolution that’s both reasonable and fair.
This includes helping you get your driver’s license restored.
Reach out to DUI Lawyer Greenville by phone at 864-523-7776 or use the form below to reach us online and schedule your free consultation.
