Facing a DUI charge is undoubtedly one of the most stressful and confusing experiences you may encounter. If you’ve been arrested for driving under the influence (DUI) in Greenville, SC, you are probably filled with a range of emotions. You might be questioning how a DUI case could unfold, particularly if you passed the breathalyzer test but failed the field sobriety test. You might wonder if there’s hope for your case, and if there’s any way to challenge the charges that have been brought against you.

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At The Bateman Law Firm, we understand how overwhelming this situation can be. It’s normal to feel confused, worried, and unsure of where to turn for help. You may be wondering whether you can still fight your DUI charges given the circumstances surrounding your arrest. The truth is, even though you passed the breathalyzer test but failed the field sobriety test, you do have options. This blog will help clarify the potential defense strategies and shed light on what to expect throughout the legal process.

Understanding the DUI Process in Greenville, SC

If you’ve been stopped by law enforcement and suspected of DUI in Greenville, South Carolina, there are a series of tests that officers may use to determine your level of intoxication. These typically include a breathalyzer test and a field sobriety test. While both tests are designed to help officers assess whether a driver is impaired, there are key differences in how they are administered and how they are used in court. The breathalyzer test measures the blood alcohol concentration (BAC) in your system. In South Carolina, the legal limit for BAC is 0.08%. If you test below this level, technically, you’re not considered legally impaired under state law. However, officers can still arrest you if they believe you’re under the influence based on other factors such as your behavior or performance on the field sobriety test. Field sobriety tests, on the other hand, are a series of physical and mental exercises used by law enforcement to determine a person’s ability to drive safely. These tests may include tasks like walking in a straight line, standing on one leg, and following an officer’s finger with your eyes. Failing these tests doesn’t automatically indicate that you’re over the legal limit for alcohol consumption, and these tests are not always reliable.

What Happens if You Pass the Breathalyzer but Fail the Field Sobriety Test?

You might be wondering whether it’s possible to fight a DUI charge if you passed the breathalyzer but failed the field sobriety test. The short answer is yes, it is possible. Passing the breathalyzer test is a strong indicator that your BAC was below the legal limit, which can serve as a solid foundation for your defense. However, it’s important to remember that law enforcement officers often rely on field sobriety tests to establish probable cause for arrest. These tests are subjective and can be influenced by many factors that have nothing to do with your level of intoxication. For instance, poor weather conditions, your physical health, or even nervousness could negatively impact your ability to perform on these tests. If you failed the field sobriety test, but your breathalyzer test was under the legal limit, you have a few possible defenses to consider. First, your attorney can challenge the validity of the field sobriety tests themselves. These tests are not foolproof and can be affected by numerous factors unrelated to alcohol consumption. Second, we can argue that the breathalyzer test is the most reliable indicator of impairment and that passing this test should be the primary factor in determining whether or not you were impaired.

"He has an innate ability to convey to clients what really matters in their cases."

"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."

P. Hammond

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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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Possible Defenses for DUI Cases Involving Field Sobriety Test Failures

There are several ways to approach a DUI case where the defendant passed the breathalyzer but failed the field sobriety test. Below are some common defense strategies that may apply to your case:

Field Sobriety Tests Are Subjective

Field sobriety tests are not always reliable. These tests depend on the officer’s judgment and can be influenced by factors like your physical condition, anxiety, or even the terrain where the test is administered. If you failed these tests, your attorney may be able to challenge the validity of the officer’s observations.

Improper Administration of the Field Sobriety Test

For field sobriety tests to be valid, they must be administered properly. If the officer didn’t follow the correct procedures, this could be a valid argument in your defense. A failure to properly instruct you, improper timing of the tests, or failure to consider medical conditions that could affect performance could all play a role in disputing the results.

Breathalyzer Results Overrule Field Sobriety Test Failures

Since you passed the breathalyzer, it indicates that your BAC was below the legal limit. In South Carolina, your BAC level is a key piece of evidence, and the fact that you passed the breathalyzer could be used to argue that you were not impaired. This is a strong point in your favor, especially if your breathalyzer results show that you were under the legal limit.

Questioning the Officer’s Probable Cause

Probable cause is required for any arrest, including DUI arrests. If the officer arrested you based on the field sobriety test results alone, without proper justification, your attorney could challenge the arrest itself. This could lead to the dismissal of the charges.

Health Issues or Other Factors Impacting Your Ability to Perform

Some individuals have medical conditions that affect their ability to perform certain physical tasks, like the ones required in field sobriety tests. If you have a condition such as balance issues, neurological disorders, or even injuries that made the tests more difficult for you to pass, these factors can be used in your defense.

What to Expect in Court If You’ve Passed the Breathalyzer

If you’ve been charged with DUI after passing the breathalyzer test but failing the field sobriety test, your case will be evaluated in court. It’s important to note that a DUI conviction doesn’t automatically follow a failed field sobriety test. Your attorney will thoroughly review the circumstances of your arrest and the evidence presented. During the court process, both the prosecution and the defense will present their arguments. The prosecution may rely on the field sobriety test results, while your attorney will emphasize that you passed the breathalyzer, which is the most reliable indicator of BAC. In some cases, the judge may rule in your favor if the prosecution cannot present enough evidence to prove that you were impaired beyond a reasonable doubt.

Why You Need an Experienced DUI Lawyer

Handling a DUI case can be complicated, especially when there are conflicting test results like in your case. With the right legal representation, you may be able to avoid a conviction or at least reduce the penalties associated with a DUI charge. At The Bateman Law Firm, we are committed to helping individuals facing DUI charges in Greenville, SC. We understand the confusion and frustration that can come with a DUI arrest, and we are here to provide support every step of the way. Our experienced team will carefully evaluate the details of your case, investigate any possible flaws in the field sobriety tests, and work tirelessly to help you achieve a favorable outcome. If you have been arrested for DUI in Greenville, SC, and passed the breathalyzer but failed the field sobriety test, don’t face the challenge alone. With a thorough understanding of DUI law and a compassionate approach to your case, we can help you navigate this difficult situation. The Bateman Law Firm is here to provide you with the legal guidance and representation you need to fight your DUI charge. Contact us today to schedule a free consultation. We’ll help you understand your options and create a strategy for achieving the best possible outcome for your case.

To learn more about this subject click here: The Science Behind Breathalyzers: How to Question Accuracy in Court

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Can I Beat a DUI If I Passed the Breathalyzer but Failed the Field Sobriety Test in Greenville, SC?