You get the breath test result, see that it’s below 0.08, and breathe a sigh of relief. But then, you find out you’re still facing a DUI charge.
Can you be charged with a DUI without failing a breath test?
Yes, a breath test result below 0.08 does not automatically prevent you from being charged with DUI. In South Carolina, there is more than one way to establish a DUI offense. What the officer observed, how you were driving, how you performed during field sobriety testing, and what happened during the traffic stop all play a role.
Does a DUI Require a Breath Test Result Over 0.08?
South Carolina’s DUI law makes it unlawful to drive a vehicle while under the influence of alcohol, drugs, or a combination of substances to the extent that your ability to drive is materially and appreciably impaired.
However, the state also has a separate law that centers on driving with an unlawful alcohol concentration. Like most states, that threshold is 0.08.
But they don’t mean the same thing. One focuses on impairment, while the other focuses on alcohol concentration.
So yes, that means you can face a DUI charge even when a breath test doesn’t show a result of 0.08 or higher.
What Does the State Use?
If there’s no breath test result over 0.08, the rest of the evidence is important. An officer may rely on what happened during the traffic stop, such as:
- The way you were driving
- Swerving or difficulty maintaining your lane
- Nearly hitting another vehicle or object
- The odor of alcohol
- Slurred speech or other physical observations
- Statements about drinking or using drugs
- How you performed field sobriety tests
- Video from a body camera or patrol car
- Other evidence about your ability to safely operate the vehicle
South Carolina law allows field sobriety tests, driving behavior, video recordings, and other evidence concerning a person’s ability to drive to be considered in a DUI case.
Can a Breath Test Result Be Challenged?
Yes. Remember, the number alone doesn’t tell you whether the test was properly administered.
The state has procedures for the administration of chemical tests. As a result, defendants can challenge issues involving the testing process. That can include:
- The legality of the arrest
- Timing of the test
- Whether required procedures were followed
- Whether the person administering the test was properly qualified
- Whether the equipment was functioning properly
Your South Carolina DUI attorney will look beyond the final number. All those details tell you much more about a DUI case than the number on a piece of paper.
What Happens If You’re Convicted?
A DUI conviction in South Carolina can have serious consequences. And these penalties depend on whether it is a first or subsequent offense and the alcohol concentration involved. Along with that, a person convicted of DUI must also complete an approved Alcohol and Drug Safety Action Program (ADSAP).
Additionally, there may also be driver’s license consequences. For someone already worried about a DUI charge, this is a lot to consider. And it can be frustrating when you’re looking at a breath-test result and thinking, “But I wasn’t over 0.08.”
A Breath Test Isn’t the Whole DUI Case
Can you be charged with a DUI without failing a breath test? If your breath test was below 0.08, it doesn’t automatically end the case. You can still face drunk driving charges.
If you’re facing a DUI charge in South Carolina, reach out to Truslow & Truslow PA. We can review the evidence and explain your options. These cases involve more than a breath test. Schedule a consultation today.