DUI

How to Defend Against Breathalyzer Evidence in South Carolina DUI Charges

Being accused of driving under the influence in South Carolina can be stressful, especially if you feel the charges are not fair. Often, the main piece of evidence used in these cases is the result from a breathalyzer test. When a person is pulled over and suspected of driving under the influence, the police may ask them to blow into a breathalyzer machine. This device is meant to show how much alcohol is in a person’s blood, which can play a large role in determining if someone is charged with a DUI. However, there are ways to defend against this evidence if you believe it is not correct or fair. Understanding how to challenge breathalyzer evidence could help protect your rights and reduce your chances of a DUI conviction. At, The Bateman Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.

350+ Reviews
5.0 Star Average

avvo clients choice-DUI

Understanding Breathalyzer Tests and How They Work

A breathalyzer test measures the amount of alcohol in a person’s breath, then converts it to a number that shows blood alcohol concentration (BAC). In South Carolina, a BAC of 0.08 percent or higher is often enough for a DUI charge. Police use breathalyzers because they are quick and easy to use, and they can show if a person has alcohol in their system. However, breathalyzers are machines, and machines are not perfect. They can have errors or issues, just like any other device. Many things can affect a breathalyzer’s reading. For example, the way the machine is handled and the conditions when it is used can change the results. Additionally, certain factors about a person’s body and their health can also impact the reading. Because of these reasons, breathalyzer results are not always accurate, and this can be used as a defense in court.

Common Issues With Breathalyzer Tests

One way to defend against breathalyzer evidence in a DUI case is to show that the test results might be incorrect. There are many reasons why a breathalyzer might give a reading that does not reflect a person’s true BAC. For example, the machine might not have been calibrated, or adjusted, correctly. Calibration is the process of making sure that a breathalyzer is measuring correctly. If a breathalyzer has not been calibrated, it might give an inaccurate reading. Police officers are supposed to check and calibrate these devices regularly, but if they fail to do so, the results may not be reliable.

John Bateman

Scotty Roberson

Kaycee Dancy

Anna Mehr

 Another issue that could cause problems with breathalyzer results is when a person has a medical condition. Certain conditions, like acid reflux, can make a person’s breath hold more alcohol than their blood actually does. If a person has acid reflux, alcohol from their stomach can come up into their mouth and make their BAC appear higher than it really is. Other health issues, like diabetes, can also lead to higher readings on a breathalyzer test. These medical conditions can sometimes cause the body to produce substances that look like alcohol to the machine, leading to inaccurate results.

Problems With How the Breathalyzer Test Was Given

Sometimes, the issue with breathalyzer results is not the machine itself but how the test was given. For a breathalyzer test to be reliable, it must be given in a certain way. Police officers are trained on how to use these machines, but mistakes can still happen. For instance, the officer is supposed to observe the person being tested for a certain period before giving the test. This is to make sure that the person does not put anything in their mouth that could affect the results. However, if the officer did not watch the person closely or for the required time, the test results might be called into question.

"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

Read More Reviews
Another possible problem with how the test was given is if the officer did not explain how to use the breathalyzer properly. If a person does not know how hard to blow into the device, they might not give a good sample. This could cause the reading to be lower or higher than it should be. Also, certain environmental factors, like cold weather or radio waves, can sometimes interfere with a breathalyzer machine, affecting the results. All of these factors can be used to challenge breathalyzer evidence in court.

Arguing That the Breathalyzer Test Was Not Necessary

In some cases, it may be possible to argue that the police should not have given the breathalyzer test at all. For a police officer to give a breathalyzer test, they usually need to have a reason to believe that a person is under the influence of alcohol. If the officer did not have a good reason to suspect that the person had been drinking, then the test might have been given without proper cause. This could make the test results invalid in court. One way to show that the breathalyzer test was unnecessary is to examine the events that led up to the test. For instance, if the officer pulled someone over without a good reason, this could be an example of an unlawful stop. Police must have a reason, such as observing a traffic violation, before stopping someone’s car. If they did not have a valid reason, then the stop itself might be illegal, which could make the breathalyzer evidence invalid as well.

Questioning the Officer’s Training and Knowledge

Challenging the breathalyzer evidence may also involve questioning the training of the officer who gave the test. Police officers in South Carolina are required to have specific training before they can use a breathalyzer machine. This training helps them know how to operate the machine correctly and what to look for when giving the test. If an officer did not complete their training or did not follow the correct procedures, this could raise doubts about the breathalyzer results.

Related Videos

Refusing Field Sobriety Tests

Choosing a DUI Attorney

 Sometimes, a defense attorney can check the officer’s record to see if they had any issues with their training or if they have had problems with using the breathalyzer in the past. If there is any sign that the officer did not follow proper procedures, this might help show that the test results are not accurate. In court, showing that the officer did not know how to use the breathalyzer correctly can make a big difference in a DUI case.

The Importance of Having a DUI Defense Attorney

If you are facing DUI charges and breathalyzer evidence is involved, it is important to have a strong defense. DUI laws in South Carolina can be complicated, and fighting breathalyzer evidence requires a good understanding of both the law and how these machines work. An experienced attorney can look at all the details of your case, including how the test was given, how the machine was maintained, and any other factors that could have affected the test results. A defense attorney may also be able to bring in witnesses, like medical professionals, to help explain why the breathalyzer results might not be accurate.

How a Defense Attorney Can Help Reduce or Dismiss Charges

One of the main goals of a defense attorney in a DUI case is to try to have the charges reduced or even dismissed. This can be done by finding weaknesses in the breathalyzer evidence or by showing that the police did not follow proper procedures. In some cases, an attorney may be able to negotiate with the court to reduce the charges to something less serious than a DUI. This could mean fewer penalties, such as lower fines or less time on probation. When you work with a defense attorney, they can go over all the evidence and find any mistakes or problems in the case against you. This includes not only looking at the breathalyzer test but also at the police reports, witness statements, and any other evidence. An attorney knows what to look for and can present this information in a way that helps to show your side of the story. Choosing a defense attorney is one of the most important steps if you are facing DUI charges. Look for someone who understands South Carolina DUI laws and has experience dealing with breathalyzer evidence. Having a DUI on your record can have serious consequences, from losing your license to affecting your job and personal life. Working with a qualified attorney can give you the best chance to challenge the breathalyzer evidence and reduce the impact of the charges on your life. The Bateman Law Firm understands the serious nature of DUI charges and the effects they can have on your future. If you are facing DUI charges and breathalyzer evidence is part of the case, our attorneys can help you review all aspects of the case and build a defense suited to your situation. Defending against DUI charges requires knowledge and skill, and our team is prepared to fight for your rights. Contact The Bateman Law Firm today to discuss how we can assist with your DUI case and help protect your future.