Getting arrested for DUI in South Carolina can be overwhelming. A conviction often means fines, losing your license, or even jail time. Many DUI cases rely heavily on breath test results, but these tests are not always accurate. Mistakes happen, and a faulty reading could be the difference between freedom and a conviction. The good news? A skilled South Carolina DUI lawyer may be able to challenge breath test evidence and expose flaws that could weaken the case against you.
What are South Carolina’s DUI laws and breath test requirements?
South Carolina law makes it illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher under South Carolina Code § 56-5-2930. The state also enforces implied consent laws, meaning that if you drive on South Carolina roads, you automatically agree to take a breath, blood, or urine test if an officer suspects you of DUI.
Refusing a breath test comes with consequences such as license suspension, but that doesn't mean you're guilty. Even if you take the test, a DUI defense lawyer can still challenge the results. Breathalyzers are machines, and like any machine, they can malfunction, be used incorrectly, or give false readings.
How can a South Carolina DUI lawyer challenge breath test results?
Breathalyzer results may seem like solid evidence, but they are not foolproof. A South Carolina DUI lawyer can attack the accuracy of the test in several ways. Here's what an attorney will scrutinize:
Breathalyzer device calibration and maintenance
Breathalyzers must be regularly tested and calibrated to ensure accuracy. South Carolina law requires law enforcement agencies to keep detailed maintenance records for their breathalyzers. If the machine used in your case was overdue for maintenance or improperly calibrated, its results could be unreliable. A lawyer can request these records and, if they show any inconsistencies, argue that your breath test results shouldn't be used as evidence.
Breath test administration
Breathalyzer results are only reliable when officers follow strict procedures. In South Carolina, officers must observe you for at least 20 minutes before administering the test to make sure you don’t eat, drink, smoke, burp, or vomit. Any of these actions can skew the results. If the officer skipped or rushed this step, your test results could be challenged in court. A lawyer may be able to argue that improper administration makes the test results inadmissible as evidence.
Medical conditions or other outside factors
Not everyone’s body reacts the same way to a breathalyzer. Certain medical conditions and external factors can lead to false positives, including:
- Acid reflux or GERD: Stomach acid can push alcohol into the mouth, leading to an inflated BAC reading.
- Diabetes: The body produces ketones, which some breathalyzers mistake for alcohol.
- Asthma or COPD: Someone with a lung condition may struggle to provide a proper sample, which can lead to a false high reading.
- Mouth alcohol: Residue from mouthwash, cough syrup, or even breath spray can distort results.
A lawyer can use medical records and expert testimony to show that your test results were influenced by a condition rather than actual intoxication.
If the officer had probable cause to pull you over
Police can't stop you for DUI without a valid reason. They need probable cause, such as swerving, speeding, or running a red light. If the officer didn't have a legal reason to stop you, any evidence gathered after the stop may be thrown out in court. A DUI lawyer can review dashcam footage, bodycam recordings, and police reports to see if the stop was lawful. If it wasn’t, your case may be dismissed.
What can a South Carolina DUI lawyer do to fight breath test evidence?
If any of the problems mentioned above occur with your breath test evidence, a South Carolina DUI lawyer can challenge it in several ways. Here's how:
- Motion to suppress: If the test was improperly administered or obtained unlawfully, a lawyer can ask the court to throw it out.
- Cross-examining the officer: The lawyer can question whether the officer followed procedures and highlight any mistakes.
- Bringing in expert witnesses: A forensic toxicologist can explain why the test results may be unreliable.
- Presenting alternative evidence: A lawyer can provide witness testimony, receipts, or surveillance footage that contradicts claims of intoxication.
Columbia DUI lawyer Matt Bodman has the experience and knowledge to fight for your rights and protect your future. As a former Richland County assistant solicitor, Attorney Bodman understands how prosecutors build DUI cases and how to challenge them. He knows that police officers sometimes make mistakes, and he will thoroughly examine every detail of your case, from the initial traffic stop to breathalyzer procedures. Whether it’s finding weaknesses in the evidence, negotiating for reduced charges, or taking your case to trial, Matt Bodman is ready to build the strongest possible defense for you.
The sooner you act after a DUI arrest, the better your chances of protecting your license and reducing the impact of the charges. To get the legal help you need, contact us online or call our Columbia law office today to schedule a free consultation.
"Matt Bodman is a terrific attorney. He is extremely professional and handled my case in an extremely efficient manner. While working with him, he was easily accessible and gave excellent legal advice. My legal matter couldn't have been handled any better. I highly recommend Matt." ⭐⭐⭐⭐⭐
