The legal Blood Alcohol Concentration (BAC) limit in South Carolina is O.08%. This means operating a motor vehicle with a 0.08% or higher BAC is illegal. If you are found to have a BAC of 0.08% or higher, you might be arrested and charged with driving under the influence (DUI). If you are under 21 and are caught by police on suspicion of drinking and driving, your legal limit would be 0.02%. 

When Can the Police Ask You For A Breathalyzer? 

The police can ask you to take a breathalyzer test if they have reasonable suspicion to believe that you are driving under the influence of alcohol. If police notice that you are driving erratically, you smell of alcohol, or there are other signs of impairment, they might have reasonable suspicion to ask you to take a breathalyzer test. 

As a South Carolina driver, when you get in your car, you are considered to have given your implied consent to take a breathalyzer test if you’re arrested on suspicion of DUI. If you are lawfully arrested for suspicion of driving under the influence, you are required to take a breathalyzer test. 

Can You Deny a Breathalyzer? 

If you are pulled over for drinking and driving, you are not obligated to consent to a breathalyzer test. However, if you refuse a breathalyzer test in South Carolina, your license will be automatically suspended. If you refuse the test, you will also need to complete the Department of Alcohol and Other Drug Abuse Services course. 

Refusing a breathalyzer test can be used against you in court as evidence of consciousness of guilt. 

What Are Common Defense Strategies for DUI Charges in South Carolina?

If you have been arrested for suspicion of DUI, there are potential defense strategies that might work for your case:

• Challenging the validity of the traffic stop
• Challenging the accuracy of field sobriety tests
• Challenging the accuracy of the breathalyzer test
• Arguing that you were not driving under the influence 
• Arguing that your rights were violated during the traffic stop

Ultimately, every case is different, and at Lumpkin and Postal, we’ll work with you to come up with a defense strategy that works best for you and your unique situation. 

Contact Lumpkin and Postal Today 

If you or a loved one is facing a DUI accusation due to a failed breathalyzer test, Lumpkin and Postal can help. Our legal team is ready to help talk to you about your case and figure out what we can do for you and your situation. Schedule a consultation with Lumpkin and Postal by visiting the website or calling (843) 546-1549.