Can I Refuse to Take a Breathalyzer or Field Sobriety Test in Conway, SC?

If you have ever been pulled over due to an officer’s suspicion that you were driving under the influence, you may have been asked to take a field sobriety test. Field sobriety testing is three-pronged, and if you fail any of these tests, an officer may administer a breathalyzer to measure your blood alcohol level.

Did you know you can refuse a breathalyzer or field sobriety test in South Carolina? In this article, our Conway DUI lawyer provides an overview of different tests used to measure alcohol levels in The Palmetto State and what signs an officer looks for in a motorist to determine possible impairment.

What is a Field Sobriety Test?

Standardized field sobriety testing (SFST) comprises three tests: horizontal gaze nystagmus, walk-and-turn, and one-legged stand. These tests allow the officer to gauge the participant’s motor skills to determine if the individual is inebriated. In South Carolina, you can refuse field sobriety testing without being penalized, but you should keep the refusal respectful.

What is a Breathalyzer?

A breathalyzer is a device that measures the amount of ethanol (the main ingredient in alcohol) in a person’s breath. A breathalyzer uses infrared technology to measure the amount of ethanol on your breath. Certain medical conditions, such as diabetes, can elevate your blood alcohol level, even if you do not have a drop to drink.

Although you are allowed to refuse a breathalyzer (also called a “breath test”), under the state’s implied consent law, it comes with a six-month automatic license suspension (for a first refusal). Longer suspensions accompany subsequent refusals. Although breathalyzers are notoriously unreliable due to calibration issues, we will likely be able to dispute the results even if you have an elevated reading.

Common Signs of Impairment

The police officer who pulled you over may have done so by spotting any of these signs of impairment:

• Drifting
• Turning with a wide radius
• Swerving
• Driving in the wrong lane
• Following too closely
• Driving without headlights at night
• Inexplicable accelerations or decelerations

The following signs indicate motorist inebriation once you are pulled over:

• Difficulty exiting the vehicle
• Repeating questions or comments
• Balance problems
• Slow to respond to the officer’s questions
• Asking the officer to repeat his questions
• Leaning on the vehicle or other object
• Slurred speech

Tenacious Representation in the Face of DUI Charges

If you have been charged with DUI, a knowledgeable lawyer can develop an effective defense strategy to safeguard your rights. At The Law Office of Brad C. Richardson, our Conway DUI attorney has experience crafting defenses tailored to an individual’s specific scenario.

While a police officer needs reasonable suspicion to pull you over, such as if you are drifting between lanes, the officer must have probable cause to arrest you. Suppose we believe that law enforcement lacked reasonable grounds to stop your vehicle in the first place. In that case, we will discern whether your rights were violated and if any evidence should be excluded.

Reach Out to Our DUI Lawyers in Conway, SC Today

Having a police officer stop your vehicle to administer DUI tests can be intimidating. If you have been arrested for a DUI, do not hesitate to contact The Law Office of Brad C. Richardson today. Our Conway DUI lawyer will examine the facts of your case to determine the best approach to defend your interests. To arrange your consultation, contact us online or give us a call.