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Why BAC Tests Aren’t Always Right
BAC tests are not perfect. They can be wrong for many reasons. Sometimes the person giving the test wasn’t trained the right way. Maybe the machine used was broken or hadn’t been cleaned. Some tests are taken too long after you were driving, which means they don’t tell the full story. Your body also reacts differently to alcohol based on things like weight, gender, health, or what you had to eat. That matters. Also, did the police have a good reason to pull you over? If they didn’t, any test that came after that stop might not hold up in court. That’s why it’s not just about the BAC number. It’s about how they got it and whether they followed the rules.
Out-of-State Arrests Create New Problems
When you’re charged in another state, that state controls what happens next. But South Carolina is part of something called the Interstate Driver License Compact. That means what happens in another state can affect your South Carolina license. You may find your driving rights in trouble back home, even if the arrest happened miles away. Every state has different laws for how BAC tests must be done. What’s allowed in one state might not be okay in another. A mistake made during your arrest—like skipping steps or rushing the test—might be enough to get the results thrown out. If your arrest took place out of state, you may be able to challenge the test using South Carolina’s higher legal standards, especially if that test is now being used to punish you here.How We Can Push Back Against Bad Tests
There are several ways to fight a BAC test in court. First, we look at how the stop happened. Did the officer have a reason to stop you? If not, everything after the stop might be thrown out. Next, we look at how the BAC test was done. Was the machine used up to date? Was it maintained the right way? Did the officer give the test by the book? Any errors here can call the result into question. We can also bring in witnesses or use scientific evidence to show the test wasn’t right. Maybe you had acid reflux, diabetes, or used a legal mouthwash—things that can change the test result. Maybe you were taken to a hospital, and the blood test was delayed too long to be trusted. Every case has details like these that could work in your favor."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
"He cares for each of his clients and works extremely hard to achieve results."
"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."
C. Grubbs
Don’t Let One Test Decide Your Future
A DUI charge can make you feel like you’re already guilty. But you’re not. You still have the right to question every part of the arrest, including the BAC test. This is even more true when the test comes from a state with different rules. Don’t assume that just because another state says you were over the limit, that test can’t be challenged. It can. And it should be. Every year, drivers are wrongly charged with DUI because of BAC tests that weren’t done right. It’s not just about protecting your license. It’s about protecting your record, your job, and your name. That’s why you shouldn’t face this alone—especially when you’re fighting an out-of-state charge from here in South Carolina.Why You Shouldn’t Wait to Get Help
One of the biggest mistakes people make after an out-of-state DUI arrest is waiting. They go home, try to forget about it, and hope it’ll just go away. But it doesn’t. These cases follow you, and delays can make things harder. Witnesses forget things. Camera footage disappears. And the clock keeps ticking on important deadlines. If your license is at risk, you may only have a few days to request a hearing to fight the suspension. Miss that window, and the other state could tell South Carolina to suspend your license, even if you haven’t been convicted yet. Acting fast gives you more options. It also shows the court you’re serious about clearing your name. A BAC test result can seem like strong evidence. But remember, it’s not the whole story. Judges and juries want the truth. If something about the test was wrong, they deserve to know. And if that test is the main proof against you, showing it was flawed can change everything.Related Videos
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