In South Carolina, field breath tests are commonly used during DUI stops. These tests are one of the primary tools law enforcement officers rely on when determining whether a driver is under the influence of alcohol. However, there is often confusion about what these tests involve and how they play a role in DUI charges. Understanding how these tests work, the legal issues surrounding them, and what happens after taking one is important for anyone who might face such a situation. 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
What is a Field Breath Test?
A field breath test, often called a preliminary breath test (PBT), is a tool that law enforcement officers use during DUI stops. This test measures the amount of alcohol in a person’s breath to estimate their blood alcohol concentration (BAC). If the test indicates a high BAC level, it may give the officer probable cause to make an arrest for DUI. Although it is often confused with the more formal breath test that takes place at a police station, the field breath test is usually done on the side of the road using a portable device.
These portable breathalyzers are quick and convenient, providing results in a matter of minutes. Officers use them in various situations, such as during routine traffic stops or at DUI checkpoints. However, there are some important things to understand about how these tests are administered and their reliability.
The Legality of Field Breath Tests
While field breath tests are widely used, they are not mandatory in every situation. In South Carolina, drivers may refuse to take a field breath test without immediate legal consequences. Unlike the official breath tests conducted at the police station, which fall under the state’s implied consent laws, field breath tests do not carry automatic penalties if refused. This means that if an officer asks you to take a test on the roadside, you have the right to decline.
However, refusing the test may still have consequences, especially if the officer has other reasons to believe that you are intoxicated. The officer may decide to arrest you based on your behavior, the smell of alcohol, or other observations. While refusing the test may prevent the officer from gathering further evidence, it does not guarantee that you will avoid an arrest.
Accuracy and Reliability Concerns
The accuracy of field breath tests can sometimes come into question. These devices, while helpful, are not always perfect. There are a number of factors that can affect the results of a breath test, leading to inaccuracies. For example, environmental factors, such as wind or weather conditions, can interfere with the device’s ability to read alcohol levels accurately. Additionally, certain substances, like mouthwash or medications, can trigger false positives, indicating a higher BAC than actually exists.
Calibration of the device is another critical factor. If the breathalyzer is not properly maintained or calibrated, it may not provide an accurate reading. While officers are supposed to ensure their devices are in good working order, errors do happen, and these can affect the results of the test. This is one of the reasons why field breath tests are not the sole evidence used in a DUI case and why the results can be challenged in court.
Field Breath Tests and Arrest Decisions
A key point to understand about field breath tests is that they are just one part of the overall decision-making process for an officer during a DUI stop. The officer will likely consider other factors as well, such as the driver’s physical appearance, speech, and behavior. If a driver is slurring their words, has bloodshot eyes, or is unable to follow basic instructions, the officer may feel they have enough evidence to arrest them, even without the results of a field breath test.
The field breath test, therefore, acts more as a preliminary tool to help confirm the officer’s suspicions. If the test shows a high BAC level, it gives the officer a stronger case for making an arrest. On the other hand, if the test shows a lower BAC level, it might make the officer reconsider whether the person is truly intoxicated or if something else is affecting their behavior.
It is also important to note that even if a driver passes a field breath test, they can still be arrested for driving under the influence if the officer believes they are impaired by drugs or another substance.
"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
What Happens After a Field Breath Test?
If a field breath test shows that a driver’s BAC is over the legal limit, the next steps typically involve an arrest. The driver may be taken to a police station, where they will undergo more formal testing. This official breath test is different from the one given on the roadside. It is considered more accurate and is usually conducted using more advanced equipment. The results of this test can be used as evidence in court, unlike the field breath test, which is mainly used to establish probable cause for the arrest.
If the official test confirms a high BAC level, the driver could face DUI charges. Depending on the circumstances, such as prior offenses or the level of intoxication, the penalties for DUI can be severe. This includes fines, jail time, and the suspension of driving privileges. It is at this point that having a legal defense becomes crucial.
Challenging the Results of a Field Breath Test
While field breath tests are a common tool, their results are not always ironclad in court. Many drivers and their legal teams choose to challenge the accuracy or reliability of the breath test as part of their defense strategy. If the device was not calibrated correctly, if the officer did not follow proper procedure, or if the driver’s BAC was affected by outside factors, the results of the test could be deemed unreliable.
In such cases, the defense may argue that the arrest was made without sufficient evidence or that the field breath test should not be used to prove intoxication. Additionally, if the official breath test later shows a lower BAC than the field test, this discrepancy can further weaken the prosecution’s case.
It is important to remember that each DUI case is unique, and the role of the field breath test may vary depending on the specific circumstances. Challenging the results requires a thorough understanding of how the devices work and the legal standards that apply.
Refusing Field Sobriety Tests Choosing a DUI AttorneyRelated Videos
Alternatives to Field Breath Tests
In some situations, officers may choose to administer other tests instead of or in addition to a field breath test. One common alternative is the field sobriety test. This series of physical exercises is designed to gauge a driver’s coordination and balance, which can be indicators of impairment. Officers may also conduct blood tests if they suspect that the driver is under the influence of drugs rather than alcohol.
While these alternatives can provide valuable information, they too are subject to scrutiny and can be challenged in court. For example, medical conditions, fatigue, or even nervousness can cause a person to fail a field sobriety test, even if they are not intoxicated. Similarly, blood tests, while more accurate, must be conducted under strict guidelines to ensure their reliability.
The Importance of Legal Representation in DUI Cases
Facing a DUI charge in South Carolina can be a daunting experience, especially when field breath tests are involved. The legal process surrounding DUI cases is complex, and the consequences of a conviction can be life-changing. This is why it is essential to seek legal representation if you have been charged with DUI based on the results of a field breath test.
An attorney can help examine the circumstances of your arrest, review the evidence, and determine whether the results of the field breath test can be challenged. Whether it involves questioning the accuracy of the device, the procedures followed by the officer, or any other factors, having legal support is crucial in building a strong defense.
If you or someone you know is facing a DUI charge in South Carolina and a field breath test was involved, The Bateman Law Firm is here to help. Our experienced team understands the ins and outs of DUI law in the state and can guide you through the legal process with confidence. Contact us today to discuss your case and protect your rights.