If you have recently been arrested for DUI in South Carolina, you are probably feeling scared, confused, and unsure of what to do next. You may be wondering what the breathalyzer test means for your case and whether you still have a chance to fight the charges. You might feel like your whole life just changed in an instant. Please know that you are not alone. Many people in South Carolina face this kind of situation, and there is help available. At this moment, the most important thing you can do is understand your rights and learn how the law works in these cases.
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What a Breathalyzer Test Is and Why It Matters
A breathalyzer test is something police officers use to measure how much alcohol is in your system. If they pull you over and think you might be drinking, they can ask you to blow into the machine. The machine gives a number called a BAC, which stands for Blood Alcohol Content. In South Carolina, if your BAC is 0.08 or higher, that means you are over the legal limit and can be charged with DUI.
Some people think that if the breathalyzer shows 0.08 or more, the case is over. But that’s not always true. Just because the machine gives a number doesn’t mean the test was done the right way. The law says the breath test must be done properly. If it was not, we may be able to keep the result out of your case.
What Can Go Wrong With a Breathalyzer Test
A breathalyzer is a machine, and machines can have problems. Sometimes they are not set up right. Other times, they are not checked or cleaned like they should be. If an officer does not follow the right steps when using the machine, the test might not be accurate. Even things like mouthwash, health problems, or certain diets can cause a high BAC number that isn’t real.
Also, the machine must be approved and listed by South Carolina’s law enforcement department. The person who gives the test must have special training. The room where the test happens must be free from things that could affect the result. And most importantly, the officer must watch you closely for 20 minutes before giving you the test to make sure nothing interferes. If any of these rules are not followed, we can question whether the result is fair to use in court.
Your Right to Refuse the Test
You do not have to take the breathalyzer test. In South Carolina, if you say no, your license may be suspended for six months. But refusing the test may help your case in other ways. Without a breath test, it can be harder for the police to prove that you were over the limit. It all depends on the facts of your case.
It’s also possible to fight the license suspension from saying no to the test. You can ask for a hearing to challenge the suspension. You only have 30 days to ask for this hearing. If you don’t, you will lose your chance. This is why talking to a lawyer as soon as possible is so important.
What the Police Must Do With the Test Result
South Carolina law has strict rules about how breath test results are handled. The test must be recorded on video from the time you are taken into the testing room. The video must show the whole process, including the officer reading your rights, setting up the machine, and giving the test. If the video is missing or does not show what it is supposed to, the breath test might not be allowed in court.
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"John Bateman is my absolute go to peer in the legal field when it comes to questions about DUI. . . . He has an innate ability to convey to clients what really matters in their cases. As a fellow attorney, I highly recommend John to anyone in the SC or NC areas who are looking for... legal representation when facing a DUI charge."
M. Brock
"An excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State"
"John is an excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State, and also the same training as the people who are the instructors of the police officer training courses on field sobriety tests. He is very passionate about DUI's and I recommend him often to people who are facing serious charges in the upstate area."
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"Very knowledgeable and thorough in his preparation and representation of his clients. He cares for each of his clients and works extremely hard to achieve results. I highly recommend this lawyer."
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The law also says the machine must print a ticket that shows the result. That ticket must include the date, time, and name of the officer. The machine must show that it was tested and working right before your test. If any of these things are missing, we can argue that the result should not be trusted.
How We Look at the Big Picture
A breath test is just one part of a DUI case. Even if the result shows 0.08 or higher, there may still be ways to defend your case. We look at everything. Why were you stopped? Did the officer have a good reason? Were your rights explained to you? Was the machine working right? Did they follow all the steps of the law?
We also look at your background. If this is your first time getting in trouble, the court may be willing to give you another chance. If the breath test was the only thing the police had against you, that’s something we can challenge. We go through the case step by step to find every chance to protect your future.
What Happens If the Test Is Thrown Out
If we can show that the breath test should not be used, that can change everything. Without the test result, the police will need other proof to show you were drunk. They might try to use how you acted or what you said. But if we can show that the breath test was wrong, that gives us a strong place to start from. Sometimes, it leads to the charges being dropped or lowered. Other times, it helps us work out a better deal that keeps you out of jail.
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Even if the breath test stays in the case, that doesn’t mean you will be found guilty. We can still challenge the number. We can ask questions about how the test was done. We can bring in people who understand how the machine works. We can show the court that there is doubt about what really happened. Our goal is to get you the best outcome possible.
Why Time Matters in Your DUI Case
After you get arrested, the clock starts ticking. There are time limits for asking for hearings, asking for records, and getting ready for court. The sooner you speak to a lawyer, the more we can do to help you. Waiting too long can take away some of your rights. It’s better to act fast, even if you are not sure what to do.
We understand that this is not just a case. It’s your life. You may be worried about your job, your license, your family, and your future. We take that seriously. Every case is different, and we treat every client with care. We know how to explain things in a way that makes sense. We know how to listen.
You Do Not Have to Face This Alone
If you or someone you care about is dealing with a DUI arrest and a breathalyzer result, we are ready to help. We know the law, we know how the courts work, and we know how to fight for you. There is hope, and there are options.
Do not let fear stop you from getting the help you need. The sooner you reach out, the sooner we can begin building your defense. Your case is not over just because of a number on a machine. Let us look at the facts and stand with you every step of the way.
Reach out to The Bateman Law Firm today and let us take the weight off your shoulders. Your future is worth fighting for. We’re here when you need us.