Breath Test vs Blood Test in South Carolina DUI Stops

When a police officer pulls you over on suspicion of driving under the influence (DUI), you face an immediate decision that carries significant legal consequences. The choice between submitting to a breath test or a blood test affects the evidence prosecutors can use against you, the penalties you may face, and your options for mounting a defense.

Many drivers do not realize they have any choice in this matter or that refusing to take a test triggers its own set of consequences under South Carolina law. The DUI defense lawyer at Brad L Richardson helps clients fight these charges with aggressive, strategic defense.

Breath Test vs. Blood Test

Breath tests estimate alcohol levels from exhaled air and provide quick results. However, they are prone to inaccuracy due to factors like mouth alcohol, medical conditions, certain diets, or poor calibration, and they cannot detect drugs.

Blood tests are generally more accurate because they directly measure alcohol or drugs in the bloodstream. Timing and individual circumstances can make one test more advantageous in a given situation.

South Carolina’s Implied Consent Rule

South Carolina’s implied consent law means drivers automatically agree to chemical testing by holding a driver’s license. If an officer has probable cause to suspect impairment, you may be required to submit to breath, blood, or urine testing, and refusal of any one of these tests does not stop an arrest. However, it does trigger automatic administrative penalties separate from criminal charges.

Penalties for Refusing Chemical Testing in SC

Declining to submit to chemical testing triggers automatic driver license suspension. First-time refusals result in a six-month suspension, while subsequent refusals within ten years carry longer suspension periods.

You may request an administrative hearing to challenge the suspension, but you must file this request within 30 days of your arrest. Prosecutors can also use your refusal as evidence of guilt at trial.

Proper Breath Testing Procedures

South Carolina law enforcement agencies rely on the DataMaster DMT device at the station to conduct official breath testing following DUI arrests. Courts admit breath-test evidence only when police comply with the strict procedural requirements outlined in South Carolina law.

Without admissible breath test evidence, prosecutors face a much more difficult path to conviction. Violations of proper protocol can render test results inadmissible:

• The officer must observe you continuously for at least 20 minutes before administering the test.
• You cannot eat, drink, smoke, or place anything in your mouth during the observation period.
• The DataMaster DMT machine must have a current calibration certification.
• The officer administering the test must hold a valid certification to operate the device.
• Officers must provide you with the opportunity to obtain an independent test at your own expense.

Contact a South Carolina DUI Defense Lawyer Now

Time works against you in DUI cases. The decisions you make in the hours and days following your arrest shape the entire trajectory of your case. Whether you submitted to testing or refused, our formidable DUI defense attorney can evaluate the circumstances of your stop, identify procedural violations, and develop a strategy to protect your driving privileges and your freedom. Call 843-488-4321 or contact us online today to set up your consultation.