If you are reading this, it means you or someone close to you may have been charged with driving under the influence in South Carolina. You might feel worried, unsure of what comes next, and scared about what this charge could mean for your future. These feelings are completely normal. Facing a DUI charge, especially one based on a breathalyzer result, can turn your world upside down. But you are not alone. There are ways to fight back, and there is help available to guide you through every step of this legal process.
350+ Reviews
5.0 Star Average
Understanding What It Means to Blow Over the Limit
In South Carolina, a person can be charged with DUI if they are caught driving with a blood alcohol concentration (BAC) of 0.08% or higher. If you took a breathalyzer test and your result was over the legal limit, it might feel like a slam-dunk case against you. But it is important to know that just because a machine said you were over the limit does not mean your case is lost. Breathalyzer results are not always accurate. And even when they are, there may still be legal defenses that can protect your rights.
How Breathalyzers Work and Why They Are Not Always Right
A breathalyzer is a device used by police to measure how much alcohol is in your system by testing your breath. But this machine is not perfect. It needs to be cleaned and checked regularly to work properly. The person using it also needs to follow certain rules to make sure the test is done the right way. If the machine is not working right or the officer does not follow the rules, the results can be wrong. That could mean your rights were violated, and the test might not be used against you in court.
Other things can also affect your breath test. If you used mouthwash, had acid reflux, or even burped before the test, it might show a higher number than it should. If you have certain medical conditions, that can also affect the result. These are all things that can be looked into when building a defense for your case.
Your Rights During a DUI Arrest
When you are pulled over and asked to take a breath test, you have rights. The police must tell you that you can refuse the test, but they also must tell you that refusing can lead to losing your license for six months or more. Even if you take the test, the officer must follow strict rules before, during, and after giving it to you. If the officer did not tell you what your rights were or did not follow the right steps, we can challenge that in court.
South Carolina law also says the officer must record the traffic stop and the breath test on video. That video must show certain parts of your arrest. If there is no video or the video does not show what it’s supposed to, that can be a strong defense. A missing or incomplete video could mean the case against you gets thrown out.
Common Defenses Against Breathalyzer Results
One of the most common defenses is showing that the breathalyzer test was not given the right way. Maybe the officer did not wait 20 minutes before giving you the test, as required. Maybe the machine had not been checked or fixed in a long time. If the test was done wrong, we can ask the court not to use that result.
Another defense is showing that you were not actually under the influence. Even if your BAC was over 0.08%, we can ask whether your ability to drive was really affected. Some people may have a high number but still be in control of their actions. The law says the state has to prove you were too impaired to drive safely. If they cannot do that, you may not be guilty.
We can also look at whether the officer had a good reason to pull you over in the first place. If you were obeying all the traffic laws and the officer stopped you without cause, everything that happened after that may be challenged, including the breath test.
"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
Why You Should Not Give Up
Being charged with DUI in South Carolina can feel like the end of the world. But there is hope. Every case is different, and there may be strong defenses that can lead to your charges being reduced or even dropped. We know the fear and stress you are going through. You may be worried about your job, your license, your family, and your future. But remember, a charge is not the same as a conviction. You have the right to fight back, and with the right legal help, you can.
Building a Strong Defense Starts Right Now
The sooner you act, the better chance you have to protect yourself. Time is important in DUI cases. Evidence can disappear, and deadlines come fast. That is why reaching out to someone who understands South Carolina DUI laws is one of the best things you can do. A good defense takes careful work. It means reviewing the police video, checking the breathalyzer records, talking to witnesses, and knowing the law inside and out. It means having someone who is ready to go to court and fight for your future.
What Happens if You Are Convicted
If the court says you are guilty of DUI based on a breathalyzer result, the penalties can be serious. You may lose your license, have to pay big fines, go to jail, or take alcohol education classes. Your car insurance rates may go up, and you might have to install a breath test device in your car. This can affect your life in many ways. That is why it is so important to take your case seriously and get the right legal help as soon as you can.
Related Videos
Refusing Field Sobriety Tests
Choosing a DUI Attorney
We Understand What You Are Going Through
When you are facing a DUI charge, it can feel like you have no one on your side. But you do. We know how hard this time is. You may feel embarrassed or ashamed. You might not know what to tell your family or your boss. But we are here to help you, not judge you. Our goal is to listen, to understand your side of the story, and to stand by you every step of the way.
You Have a Voice and You Have Rights
Do not let one bad moment define your whole life. You have the right to be treated fairly and to have your case heard. You have the right to ask hard questions about the breath test and how it was handled. You have the right to push back if the law was not followed. And most of all, you have the right to legal help that puts you first.
Take the First Step Toward Protecting Your Future
If you or someone you care about has been charged with DUI after blowing over the legal limit, now is the time to act. Do not wait and hope it goes away. Let someone stand with you and fight for the best possible outcome. Your future matters, and the right defense can make all the difference.
Reach out to The Bateman Law Firm today. We are ready to help you face this challenge and work toward the best result in your case. Let’s get started on building your defense now.
