Breath test results are not always as reliable as they may appear, and the decision to take or refuse one can affect a DUI case in several ways. These three questions cover how accurate breathalyzers are, when refusing a test may be worth considering, and what happens in South Carolina if you refuse.
Frequently Asked Questions
Are breathalyzer tests always accurate?
Certainly the people that create the machines and use the machines believe in them and say that they’re accurate, for whatever reason. Though in real life, what you see is that somebody may register as being what you would consider drunk and they appear sober, and vice versa. So in real life, with video evidence and those type things, they certainly don’t appear to be 100% accurate.
Under what circumstances should I consider refusing to take a breathalyzer test?
If you refuse to take a breathalyzer test when you’re being investigated for DUI, then what you’re doing is protecting yourself so that you’re not creating evidence or offering some type of report to show that you’re guilty of DUI. And certainly that’s a big consideration for many people.
If you refuse to take the test, then there’s not going to be a blood alcohol reading, and therefore, even though the prosecution can say that the jury can consider that, the way it’s become now is more and more people refuse the test. It also limits DUI enhancement penalties if you refuse to take the test.
What will happen if I refuse to take a breathalyzer test?
In South Carolina, if you’re arrested for a DUI and you refuse the breath test, then you will be charged with a DUI, but you were going to be charged anyway if you were being offered a test. You will lose your driver’s license. If you’re a South Carolina licensed driver, they will physically take the license from you at the jail on the spot.
If you have a driver’s license from another state, they generally are not going to take the license from you, but your ability to drive in South Carolina will be immediately suspended.
Why Choose Greg McCollum for a DUI Charge in South Carolina
A DUI charge involves decisions that can affect your record and your license, often within hours of an arrest. Greg McCollum brings 30 years of experience and a background as a former prosecutor to DUI cases in South Carolina. Every case is different, and results depend on the facts, but understanding how these cases are built from both sides can help you make informed decisions about your defense.
If you have questions about breathalyzer tests in South Carolina, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.