A DUI charge in South Carolina can have serious consequences, including license suspension, fines, and even jail time.
However, breathalyzer tests are not infallible. If you’ve been charged with a DUI based on a breath test, you may have legal grounds to challenge the results.
Understanding how to dispute a breathalyzer test can make a significant difference in your case.
In this article, we’ll explore the common legal challenges to breathalyzer evidence in South Carolina and the strategies that may help you fight a DUI charge.
South Carolina Breathalyzer Laws and Requirements
In South Carolina, DUI laws are outlined under S.C. Code Ann. § 56-5-2930, which makes it illegal to operate a vehicle while under the influence of alcohol or drugs to the extent that a person’s abilities are materially and appreciably impaired.
Breathalyzer tests are regulated under S.C. Code Ann. § 56-5-2950, also known as the Implied Consent Law. This law states that by driving on South Carolina roads, you automatically consent to chemical testing if law enforcement suspects you of DUI.
However, strict procedures must be followed for the results to be admissible in court.
Key Legal Requirements for Breath Tests in South Carolina:
- Properly Maintained and Calibrated Equipment – The breathalyzer device must be tested and calibrated regularly to ensure accuracy.
- Qualified Administrator – Only certified law enforcement officers can administer the test.
- Mandatory Observation Period – The officer must observe the suspect for at least 20 minutes before administering the test.
- Video Recording Requirement – South Carolina law requires that breath tests be recorded, including the observation period.
- Right to Refuse with Consequences – A driver can refuse a breath test, but refusal results in an automatic license suspension.
If any of these requirements are not met, you may have a valid argument to challenge the test results in court.
Grounds for Challenging a Breathalyzer Test in South Carolina
1. Improper Calibration or Maintenance of the Device
Breathalyzer machines must be regularly calibrated and maintained to produce accurate results.
South Carolina law requires that breath-testing devices undergo routine accuracy checks. If the machine used in your case was not properly maintained, the results may be unreliable.
2. Failure to Observe the 20-Minute Waiting Period
Before administering a breath test, the officer must observe the suspect for at least 20 minutes to ensure they do not eat, drink, burp, or vomit—any of which could affect test results.
If the officer fails to follow this rule, your attorney may argue that the test was improperly administered.
3. Medical Conditions and Other Interfering Substances
Certain medical conditions, such as acid reflux, diabetes, or even a low-carb diet (which can cause ketosis), may produce falsely high breathalyzer readings.
Additionally, residual mouth alcohol from medications, breath sprays, or even certain foods can skew test results.
4. Rising Blood Alcohol Defense
Alcohol absorption takes time. If you consumed alcohol shortly before driving, your blood alcohol concentration (BAC) could have been lower while driving than when you were tested later.
This is known as the rising blood alcohol defense, and it may cast doubt on the accuracy of your BAC at the time you were actually behind the wheel.
5. Lack of Probable Cause for the Stop
Law enforcement must have reasonable suspicion to pull you over and probable cause to arrest you for DUI.
If your attorney can show that the traffic stop was unlawful, any evidence obtained—including breathalyzer results—could be thrown out under the exclusionary rule.
6. Incomplete or Inaccurate Video Evidence
South Carolina law requires that the breath test process, including the 20-minute observation period, be video recorded.
If the recording is missing, incomplete, or unclear, your attorney may argue that the prosecution cannot prove the test was properly administered.
7. Officer Error or Lack of Certification
Only trained and certified officers are allowed to administer breathalyzer tests.
If the officer who conducted your test lacked proper training or failed to follow procedures, this could be a strong defense in your case.
What Happens If You Refuse a Breathalyzer Test?
Refusing a breathalyzer test in South Carolina has legal consequences under the state’s Implied Consent Law (S.C. Code Ann. § 56-5-2950). If you refuse:
- Your driver’s license will be suspended for at least six months (longer if you have prior offenses).
- You may still be charged with DUI based on other evidence, such as officer observations or field sobriety tests.
- You may be eligible for a Temporary Alcohol License (TAL), which allows you to drive while challenging your suspension.
While refusing the test may eliminate breathalyzer evidence, it does not guarantee that you will avoid a DUI conviction.
How an Attorney Can Help Challenge a Breathalyzer Test
Challenging a breathalyzer test requires a detailed understanding of South Carolina’s DUI laws and legal procedures.
An experienced DUI attorney can:
- Review police reports and breathalyzer maintenance records.
- Analyze the breath test video for errors or missing evidence.
- Identify procedural violations that may invalidate the test results.
- Present scientific and medical defenses that question the accuracy of the test.
- Argue for the exclusion of improperly obtained evidence.
A breathalyzer test result is not always the final word in a DUI case. Many factors can affect the accuracy and legality of the test.
If you or a loved one is facing DUI charges in South Carolina, you may have strong defenses that could reduce or dismiss the charges.
Need Legal Help with a DUI Charge?
An attorney can evaluate your case, explain your options, and build a strong defense on your behalf.
Contact an attorney today if you are facing DUI charges and suspect that your breathalyzer test was inaccurate or improperly administered.
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