Although you can technically refuse a breathalyzer if you are pulled over by a police officer, the decision comes with significant consequences. Due to South Carolina’s implied consent law, a person operating a motor vehicle within the state has already complied to submit blood alcohol testing. Hence, refusing a breathalyzer (under the law referred to as a “breath test”) means that your license will automatically be suspended for 90 days.
If you have been charged with a DUI, do not hesitate to contact our Charleston DUI/drunk driving defense attorneys to protect your rights.
Implied Consent Law
According to SC Code §56-5-2950, any person who operates a motor vehicle within the state of South Carolina is presumed to consent to blood, breath, or urine testing. Testing is performed to determine the presence of alcohol and/or drugs in a person’s body. An individual who has a reading of 0.08% or greater is considered driving illegally.
Of course, you likely never consented to such a thing, but the state of South Carolina does not see it that way! Do not be fooled; if you refuse to consent to testing, your license will automatically be suspended for 90 days or 180 days if you have a prior suspension or conviction in the past 10 years. However, you do have the option of ending the suspension if you enroll in the Ignition Interlock Device (IID) Program.
How Accurate is a Breathalyzer in Determining a Person’s Blood Alcohol Level?
If an officer suspects that a motorist is inebriated, they may ask the person to blow into a breathalyzer. A breathalyzer is a device that measures how much ethanol (active ingredient in alcoholic beverages) is on a person’s breath. While a breathalyzer offers immediate results, the device is only accurate about 40% of the time.
If you suffer from hypoglycemia (low blood sugar), this will cause a spike in the acetone levels in the blood, causing an elevated BAC reading. This is common in diabetes, causing the individual to fail a breath test when, in fact, he or she may be completely sober.
Trusted Counsel from an Experienced DUI/Drunk Driving Defense Attorney
If you are offered the choice between a breath or blood test, we recommend that you submit to a breath test (breathalyzer). Given the high probability of inaccuracy, it will be easier to fight DUI charges if your BAC is based on a breathalyzer instead of a blood test (which is the most accurate method for testing blood alcohol levels).
Being charged with a DUI may feel like the end of the world. It is important to know that there are generally one or more defenses available if you are accused of a DUI. At Query Sautter & Uricchio, LLC, our Charleston DUI lawyers have repeatedly assisted our clients in achieving successful outcomes in DUI cases. Given the harsh penalties imposed under the law, it is always best to fight the charges against you to avoid life-altering consequences.
Discuss Your Case with our Charleston DUI/Drunk Driving Defense Attorneys Today
If you are facing DUI allegations, you will likely feel overwhelmed. Our Charleston DUI/drunk driving attorneys understand the stress of facing DUI charges, and we are here to answer any of your questions or concerns. To learn how the legal team at Query Sautter & Uricchio, LLC, can help you, contact us online or by phone to arrange your initial consultation.