Should I Take the Breathalyzer Test?

To Blow or Not to Blow, that is the Question.

The short answer is, it depends. There are reasons to blow, and there are reasons not to blow if you are pulled over in South Carolina for suspicion of drunk driving. If you refuse to take the Breathalyzer Test, there is an immediate suspension of your license. That being said, if you are convicted of a Driving Under the Influence of Alcohol (DUI) charge, generally your license will be suspended. However, taking the breathalyzer test can give the prosecution more evidence to help convict you of a DUI if your case goes to trial. 

There are pros and cons to each choice. South Carolina law states "A person who drive a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle...", so by driving in SC you have agreed to take the breathalyzer test if arrested. If you refuse your license will be suspended. There are ways of appealing this suspension and obtaining an alcohol restricted license, but there is no doubt, your license will be suspended. 

If you do take the breathalyzer test, the results can be fought in court. The machines may not report a correct Blood Alcohol Content (BAC) or a number of things may make a difference between being convicted of a DUI and not being convicted of a DUI in SC. The law states that you consented to the test, but the decision is yours. You can revoke that consent and risk having your license suspended, or you can take the test and risk having your license suspended. This post is not legal advice but general information. The choice is up to you. But, whatever you do decide, immediately contact a Criminal Defense attorney in Charleston, South Carolina who can represent you and protect your rights and your driving privileges.