If you’ve been pulled over and your blood alcohol content (BAC) reading came in high, you’re likely feeling overwhelmed. In South Carolina, a BAC of 0.08% or more can lead to a DUI charge. If it reads 0.15% or higher, the consequences get worse. You might be wondering if there’s any hope to challenge the reading. The answer is yes. But it’s going to take more than just hoping the judge cuts you a break. You need to understand how these cases work and what your rights are.
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Why High BAC Readings Matter So Much
In South Carolina, prosecutors see a high BAC as hard evidence. The higher your number, the more they assume you were impaired. But machines and people make mistakes. And that’s the point many forget. BAC tests are not perfect. From the way the test was given to the way the machine was kept up, lots of things can go wrong. These errors can make the result unreliable. That’s what we focus on when we build a defense.
The Test Might Not Be What It Seems
Breath tests depend on machines that have to be kept in shape and used the right way. If the officer didn’t watch you closely for 20 minutes before the test, that’s a problem. If the machine wasn’t checked regularly, that’s another issue. Even small things—like acid reflux or using mouthwash—can throw off a result. And if the test was a blood draw, we ask if it was stored right, labeled right, and tested right. One misstep in any of these areas can cast doubt on the entire result.
Your Health and Your BAC
Your own body can play tricks with the test. Conditions like diabetes or a low-carb diet can create false positives. Some people process alcohol slower or faster than others. The test assumes everyone’s body works the same. But that’s just not true. A good defense will look at your health and how your body could have impacted the result.
The Arrest Might Have Violated Your Rights
The officer who pulled you over had to follow the law. If they didn’t have a valid reason to stop you, or they didn’t tell you your rights, we can challenge the arrest. If your rights were ignored, evidence from the stop—including the BAC reading—might not be allowed in court. That could make a huge difference in your case.
The Timeline Makes a Difference
BAC levels go up and down over time. If you had your last drink just before driving, your BAC may have been under the limit while you were on the road. But by the time the test was given, it may have risen. This delay matters. South Carolina law says the BAC must reflect your level at the time you were driving—not later at the station. We often work with professionals who can show this change in timing.
"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." "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." "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.""He has an innate ability to convey to clients what really matters in their cases."
M. Brock
"An excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State"
P. Hammond
"He cares for each of his clients and works extremely hard to achieve results."
C. Grubbs
Building a Real Defense
We don’t just take the report and accept it. We dig. We look for mistakes, missed steps, and any way your rights were crossed. That means checking the training records of the officer, reviewing video from the traffic stop, and looking closely at how the test was done. Every detail counts. And in many cases, those small details are what make the difference.
You Still Have a Voice
Facing a DUI with a high BAC might feel like a losing battle. But it isn’t. You have the right to tell your side of the story. And with the right legal help, you can challenge the state’s version. You don’t have to accept guilt just because of a number.
Your Driving Doesn’t Always Match the Number
In many DUI stops, the officer might say your BAC was high, but your behavior didn’t match that number. Maybe you were polite, steady on your feet, and clear when you spoke. That kind of behavior matters. It can show that the test result didn’t tell the whole story. We use this kind of evidence to support your defense. We may also use dashcam or bodycam footage to show the judge how you acted. A high number on paper doesn’t mean you were impaired beyond reason. Real-life behavior can often speak louder.
Field Tests Are Often Misleading
If you were asked to walk a straight line or follow a finger with your eyes, those are called field sobriety tests. These tests are not scientific. They’re based on judgment. That judgment can be wrong. You might have had trouble walking a line because of nerves, bad knees, or poor lighting—not alcohol. Officers are trained to see impairment, but they’re not medical professionals. If they rushed through the test or gave poor instructions, that matters. We make sure the court sees how unfair or flawed those tests may have been.
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Past Driving Record and Reputation Count
If you’ve never been in trouble before, that matters. If you have a clean record and people who will vouch for you, that counts for something too. We bring in that full picture of who you are—not just the one bad night. The court needs to see you as a person, not just a case file. A high BAC number shouldn’t erase your past or your reputation.
The Human Factor in BAC Testing
Let’s not forget that machines are run by people. The person who handled your test had to follow rules. They had to keep records, clean the equipment, and do the job right. If they were careless, tired, or poorly trained, your result might not be right. We check the records to see if anything went wrong behind the scenes. Many cases come down to small errors that others overlook. We don’t.
Let’s Talk Before You Talk to the Court
Time matters in DUI cases. Evidence can disappear. Deadlines can pass. And every day you wait gives the prosecution a head start. If you’ve been charged with DUI and your BAC was high, don’t wait to get help. Talk to someone who knows how to defend you and won’t treat you like a number.
At The Bateman Law Firm, we’ve stood with people across South Carolina who felt like their case was hopeless. We look beyond the BAC number and fight for the whole story—your story. Reach out today and let’s get to work defending your future.