Being pulled over for any reason is stressful. But if you believe an officer suspects you of driving under the influence, it’s normal to let that stress make you defensive and to encourage you to avoid complying with their roadside sobriety screenings. Breathalyzer tests are some of the most common screenings used during these stops, and while you’re free to refuse to participate in those screenings, doing so can get you in trouble and make your South Carolina DUI defense attorney’s job a bit more difficult.
What Happens if You Refuse a Breathalyzer?
When you refuse a breathalyzer screening, the officer may assume that you’re guilty of driving under the influence and are simply trying to hide your BAC level. They can arrest you for that refusal.
But getting arrested isn’t the only consequence. Your license will be suspended for six months and you won’t be allowed to drive until that six-month period is up and your license is restored. You may also be required to install an ignition interlock device on any vehicle you use regularly. Furthermore, the state may use your refusal as evidence against you if your DUI case goes to court.
The Common Defenses Your South Carolina DUI Defense Attorney May Use
Though refusing a breathalyzer test can complicate your situation, there are still a few defenses that your defense attorney may be able to use when arguing your case. Here are the most common tactics used in DUI defenses after people refuse a breathalyzer test.
Challenge the Validity of the Stop
For a DUI charge and arrest to be valid, the arresting officer must have a valid reason to stop you on the road. If you’re at a DUI checkpoint, this counts as a reason to stop you. You’re passing through the DUI checkpoint, and they’re expected to make sure everyone operating a vehicle is not under the influence. But if you’re driving on a public road, the officer must have reasonable cause to pull you over. This means they must be able to show a clear and legally valid reason for initiating the traffic stop including:
- Speeding
- Erratic driving
- Broken or damaged headlight or taillight
- Reckless driving
- Other similar situation
If the officer didn’t have a clear reason for pulling you over, your attorney may be able to use this as a defense in your case.
Challenge the Arrest
If the officer didn’t read you your rights, you may be able to challenge the arrest. Why? Officers are required to read the Miranda rights at every arrest. Failure to do so can result in the arrest being invalid and may help you get your case dismissed.
Show Proof of a Medical Condition
If you suffer from certain medical conditions, you may not be able to perform a breathalyzer test in the first place. In these instances, administering the test could endanger your health and your attorney may be able to use this as a defense in court. Some common conditions include asthma, emphysema, and other lung conditions that make performing a breathalyzer test dangerous, overly difficult, or impossible.
What to Do If You’ve Refused a Breathalyzer Test
If you’ve been arrested and charged with DUI after refusing the breathalyzer test, the first thing you should do is speak with an experienced South Carolina DUI defense attorney. They’ll review your case and help you decide if you’re eligible for any of these defenses. And if your case goes to court, your attorney can represent you and take some of the stress out of the process.
Schedule a Consultation
If you’ve been charged with a DUI, let the team at Truslow & Truslow help. Our experienced South Carolina DUI defense attorneys have helped individuals like you navigate their cases and mount defenses when possible. Contact us today to schedule a consultation.