When someone is stopped by law enforcement under suspicion of driving under the influence (DUI) in South Carolina, one of the most common tests they may face is the breathalyzer. This device is used to measure a person’s blood alcohol concentration (BAC). If the test shows a BAC of .08% or higher, it can lead to serious legal consequences, including a DUI charge. However, breathalyzer results are not always accurate or reliable. There are ways to challenge these results in court, and understanding how the process works is key for anyone facing DUI charges. At, The Bateman Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.

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What is a Breathalyzer?

A breathalyzer is a device that measures the amount of alcohol in the air a person exhales. Law enforcement uses this device to estimate the amount of alcohol in the bloodstream, which is called blood alcohol concentration. The breathalyzer works by detecting the ethanol, or alcohol, in a person’s breath. The idea behind the test is that when alcohol is consumed, it enters the bloodstream and eventually shows up in the lungs when the person breathes. In South Carolina, drivers who are suspected of DUI can be asked to take a breathalyzer test. Refusing to take the test can result in penalties such as an automatic suspension of the driver’s license. While the results of a breathalyzer test can be powerful evidence against a driver in court, the test is not perfect, and its results can be questioned.

How Breathalyzer Results Can Be Inaccurate

There are several reasons why breathalyzer results might not be accurate. These reasons range from issues with the device itself to the conditions under which the test is administered. Sometimes, a breathalyzer may give a false reading due to external factors or mistakes made by the officer conducting the test. One major issue with breathalyzers is that they can be affected by substances other than alcohol. Certain mouthwashes, medications, or foods that contain alcohol can cause the breathalyzer to give a reading that is higher than it should be. For example, using a mouthwash that contains alcohol shortly before taking a breathalyzer test might result in a false positive, even if the person has not been drinking.

Another problem that can arise is with the calibration of the breathalyzer. The device must be properly calibrated to give accurate readings, and if it is not maintained correctly, it can produce incorrect results. Law enforcement agencies are required to regularly check and maintain their breathalyzers, but this does not always happen. If a breathalyzer is not calibrated properly, it can overestimate or underestimate a person’s BAC. Additionally, how the test is administered can also affect the results. If the officer administering the test does not follow the correct procedures, this can lead to unreliable results. For example, if the officer does not wait the required amount of time after the person last ate or drank, the breathalyzer might still detect alcohol in the person’s mouth, rather than their bloodstream, which could cause an inflated reading.

Medical Conditions That Affect Breathalyzer Results

Some people may have medical conditions that can affect the accuracy of a breathalyzer test. For instance, people with diabetes may have higher levels of acetone in their breath, which a breathalyzer can mistake for alcohol. This can lead to false positives. Similarly, people with acid reflux or GERD (gastroesophageal reflux disease) may experience alcohol from their stomach being pushed up into their mouth, which can be picked up by the breathalyzer and lead to a higher BAC reading. Another medical condition that can affect breathalyzer results is asthma. Some individuals with asthma may not be able to blow hard enough into the breathalyzer for the test to get an accurate reading. This can result in the machine registering an incorrect result. These are just a few examples of how medical conditions can cause breathalyzer readings to be inaccurate, which can be a valid defense in a DUI case.

"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

Challenging the Breathalyzer in Court

There are many different ways to challenge the results of a breathalyzer test in a South Carolina DUI case. One common defense is to question the accuracy of the test results by pointing out issues with the breathalyzer machine itself. If the machine was not properly calibrated or maintained, or if it was malfunctioning at the time of the test, the results may not be reliable. Another approach is to question whether the officer followed the correct procedures when administering the test. If the officer did not wait the required amount of time after the person last consumed food or drink, or if they failed to observe the person properly before giving the test, this can be grounds for challenging the results. Additionally, if the officer did not inform the person of their rights regarding the test, this can also be a reason to challenge the results in court. Lawyers may also challenge the breathalyzer results by questioning the training and qualifications of the officer who administered the test. If the officer did not have the proper training to use the breathalyzer or if they made any mistakes while administering the test, this can cast doubt on the reliability of the results. In some cases, it may be possible to challenge the results based on the person’s medical condition. If the person has a medical condition that could have affected the breathalyzer reading, this can be used as part of the defense.

The Importance of Legal Representation in a DUI Case

Facing a DUI charge in South Carolina can be a frightening and stressful experience. The consequences of a DUI conviction can be severe, including fines, jail time, and the loss of driving privileges. Having a skilled attorney to represent you is essential for ensuring that your rights are protected and that you have the best possible chance of successfully challenging the breathalyzer results. A lawyer can help gather evidence to support your case, including obtaining records of the breathalyzer’s maintenance and calibration, reviewing the officer’s actions during the traffic stop, and presenting medical evidence if necessary. Additionally, a lawyer can negotiate with prosecutors to potentially reduce the charges or penalties, or even have the case dismissed if the breathalyzer results are proven to be unreliable. Without a strong legal defense, the results of a breathalyzer test can be difficult to dispute. However, with the right legal strategies, it is possible to challenge the validity of the test and achieve a better outcome in a DUI case.

Understanding the Consequences of a DUI Conviction

If someone is convicted of a DUI in South Carolina, the penalties can be significant. A first-time DUI offense can result in a fine, jail time, and the suspension of the driver’s license. For repeat offenses, the penalties become even more severe, with longer jail sentences and larger fines. In some cases, a DUI conviction can also result in mandatory alcohol education classes or community service. The long-term consequences of a DUI conviction can also be serious. A DUI can stay on a person’s criminal record for many years, which can make it difficult to find employment, secure housing, or obtain certain professional licenses. Additionally, a DUI conviction can lead to higher car insurance premiums, making it more expensive to maintain a vehicle. Because of the serious nature of DUI charges and the potential consequences of a conviction, it is important to take any DUI charge seriously and to seek legal representation as soon as possible. A lawyer can help protect your rights and work to achieve the best possible outcome in your case. If you are facing a DUI charge in South Carolina and need to challenge the results of a breathalyzer test, The Bateman Law Firm is here to help. Our experienced attorneys understand the complexities of DUI cases and can guide you through the legal process. We will work with you to build a strong defense and protect your rights. Call us today for a consultation and let us help you fight your DUI charges.

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Challenging Breathalyzer Results in South Carolina DUI Cases