Driving under the influence (DUI) laws in South Carolina are very strict. When you’re pulled over for a suspected DUI, the arresting officer will follow specific legal procedures, including administering a breath or blood test, and you should know your rights, including if you can refuse a breathalyzer test. When you’re in these kind of sticky situations, you need an experienced Easley criminal defense attorney by your side.
This guide will let you know if you’re able to refuse a breathalyzer test in South Carolina and the consequences you may face afterwards.
Understanding Breathalyzers
What is a Breathalyzer?
A breathalyzer is a device used by police to measure your blood alcohol content (BAC) from a breath test. It estimates the amount of alcohol in your blood by testing the ethanol vapor in your breath. This is used to determine impairment during a DUI stop.
Types of Breathalyzers
There are two types of breathalyzers: portable and standard size. Portable breathalyzers, often used for a roadside breath test, are used at the roadside for initial screenings. If these show a BAC above the limit you may be taken to the station for a more accurate test with a standard size breathalyzer.
Accuracy and Calibration
Breathalyzers need to be calibrated and maintained to get accurate results. Calibration is the process of setting the device to give correct readings which needs to be done regularly. Inaccurate calibration can give false results and impact a DUI case.
Factors That Can Affect Readings
Several factors can affect breathalyzer readings. Certain diets, medical conditions like acid reflux and even the temperature of your breath can skew results. Knowing these factors is important as they can be used to challenge the test in court.
Implied Consent in South Carolina
What is Implied Consent?
Implied consent in South Carolina means by having a driver’s license and using the state’s roads you agree to submit to a chemical test if lawfully arrested for DUI. This includes breath, blood, and urine tests to determine your blood alcohol content (BAC).
Legal Obligations and Rights
Under these laws if you are stopped for suspected DUI you are legally required to take a breathalyzer or other chemical tests when asked by a law enforcement officer. You have the right to refuse the test but it’s important to know the consequences that come with that.
Administrative Penalties and License Suspension for Refusal
Refusing a breathalyzer test triggers immediate administrative penalties, including the suspension of your driver’s license for a minimum of six months for a first-time refusal. If you have previous refusals or DUI convictions, the suspension period will be longer. These penalties apply regardless of the outcome of any criminal DUI charges.
What Happens If You Refuse a Breathalyzer?
Immediate Administrative Penalties
Refusing a breathalyzer in South Carolina triggers immediate administrative penalties. For a first time refusal your driver’s license will be suspended for 6 months. If you have previous refusals or DUI convictions the suspension period can be up to 1 year. These penalties are automatic and separate from any criminal charges, and they apply regardless of the outcome of any DWI conviction.
Financial and Legal Consequences
Besides license suspension refusing a breathalyzer can also mean fines and other legal consequences. You may be fined and required to pay reinstatement fees to get your license back after the suspension period. These costs can add up fast and compound the consequences of the refusal.
Criminal Case
Drunk driving charges can still be brought against you even if you refuse a breathalyzer. In fact, your refusal can be used as evidence against you in court. Prosecutors will argue that refusal is consciousness of guilt. This can make defending your case more difficult as the refusal can be presented as an attempt to hide intoxication.
Limited Defense
When you refuse a breathalyzer you limit your defense options. Without the BAC evidence, your defense will be mainly based on challenging the officer’s observations, field sobriety tests, and other evidence presented. This can be tough especially if there is strong circumstantial evidence of impairment.
Weigh the Risks and Benefits
Deciding whether to refuse a breathalyzer means weighing the risks and benefits. While refusing might prevent concrete BAC evidence it triggers automatic penalties and complicates your defense. Consult with a DUI attorney before making this decision to know the full consequences and make an informed choice.
Should I Refuse a Breathalyzer?
Consequences
Breathalyzer test refusals in South Carolina mean big consequences. You’ll face automatic license suspension, fines and legal challenges. While avoiding a potentially incriminating BAC result might seem good, the immediate administrative penalties can be severe and long-lasting to your driving privileges and financial situation.
Court Legalities
If you refuse a breathalyzer your refusal can be used as evidence against you in court. Prosecutors will argue that your refusal is guilt. Without BAC evidence, your case will be based on the police officer’s observations and other circumstantial evidence, which can be tough to challenge.
Situations Where Refusal May Be Considered
There are situations where refusing a breathalyzer may be considered. If you think your BAC is way over the legal limit refusing the test may prevent providing concrete evidence of extreme intoxication which can carry more severe penalties. But this strategy has its own risks and should be done with caution.
Consult a DUI Attorney
Before you decide to refuse a breathalyzer you should consult a DUI attorney. A experienced lawyer can explain the possible outcomes and advise you on what to do based on your situation. Legal guidance is key to navigating the DUI laws and make an informed decision.
Make an Informed Decision
Ultimately the decision to refuse a breathalyzer should be based on weighing the risks and benefits. While refusing might prevent direct BAC evidence it triggers automatic penalties and complicates your defense. Knowing the full consequences and seeking legal counsel is key to making an informed decision in this situation.
Breathalyzer Challenges
Accuracy and Calibration
Breathalyzers must be calibrated and maintained to give accurate readings. Calibration is setting the device to measure BAC correctly and it must be done regularly. If the breathalyzer is not calibrated correctly the results can be inaccurate and you can challenge the test in court.
External Factors that affect Results
Several external factors can affect the accuracy of the breathalyzer results. Conditions like acid reflux, certain diets or even the temperature of your breath can affect the readings. Knowing these factors is key as they can be used to question the test results and support your defense.
Procedural Errors
The procedure followed by police officers when administering a breathalyzer test is crucial. If the officer doesn’t follow the proper protocol the test results can be challenged. This includes making sure the device is calibrated correctly, administered within the time frame and the subject hasn’t consumed anything that can affect the reading before the test.
Legal Strategies
A DUI attorney can use several legal strategies to challenge breathalyzer results. This may include questioning the maintenance records of the device, the officer’s training and adherence to testing protocols and any external factors that can affect the results. A strong legal strategy can make a big difference in your case.
Why Legal Representation Matters
Challenging breathalyzer results is a technical and complex process that requires knowledge of DUI laws and breathalyzer devices. You need skilled legal representation to do it right. A DUI attorney can review your case, find the issues with the breathalyzer test and build a defense for you.
Contact an Experienced Easley DUI Lawyer Today!
Understanding your rights when pulled over for a suspected DUI is crucial. This includes the breathalyzer test, which can be challenged under certain circumstances. Being mindful of the consequences will give you a better understanding if whether or not refusal is an option for you.
At Baldwin Law, our dedicated team is here to protect your rights. New clients get a free case review, so contact us at 864-630-8503!
