What Happens If You Fail a Breathalyzer Test in South Carolina?
Last Updated on June 12, 2025
Think of it like this—you’re driving after having a few drinks, and suddenly, you see those dreaded flashing blue lights in your rearview mirror. Your heart drops as the officer asks you to take a breathalyzer test.
But what happens if the test doesn’t go in your favor? For residents of South Carolina, understanding the consequences is crucial. Here’s everything you need to know about what happens if you fail a breathalyzer test and how it could impact your life.
What Is a Breathalyzer Test?
A breathalyzer is a device that estimates blood alcohol concentration (BAC) by analyzing a sample of your breath. If your BAC is 0.08% or higher in South Carolina, you’re considered “over the legal limit” and may face DUI charges (driving under the influence). The limit is much lower for commercial drivers at 0.04%, and for drivers under 21, any BAC over 0.02% could lead to consequences.
According to the South Carolina Code of Laws (56-5-2930), exceeding these thresholds qualifies as DUI, which may result in arrest, license suspension, or criminal penalties.
The breathalyzer test often plays a pivotal role in determining whether you’ll get charged with a DUI. Understanding its implications—and your options—can make all the difference in how your situation unfolds.
Immediate Consequences of Failing a Breathalyzer Test
Failing a breathalyzer test in South Carolina can have immediate and serious consequences. Here’s what to expect if your test results show a high BAC level.
1. Arrest on DUI Charges
If you fail, you’ll likely be arrested for DUI. The officer may handcuff you and take you into custody. It can be an intimidating experience, but it’s essential to remain calm and avoid making any incriminating statements.
2. Driver’s License Suspension
Failing a breathalyzer test also triggers administrative penalties, which are separate from criminal charges. Here in South Carolina, your driver’s license can be suspended immediately. For a first offense, you could lose driving privileges for up to six months—longer for repeat offenders.
3. Temporary License Options
While your license may be suspended, you might be eligible for a Temporary Alcohol License (TAL) or a route-restricted license, which allows you to drive to work or school while your case is pending.
4. Booked and Processed
Once at the station, you’ll be formally charged, fingerprinted, and required to provide another breath sample. If you refuse this secondary sample, you could face further penalties, which we’ll discuss below.
Can You Refuse a Breathalyzer in South Carolina?
Yes, you can refuse a breathalyzer test, but it has consequences. South Carolina enforces implied consent laws, meaning that by driving a vehicle, you’re agreeing to take a chemical test when suspected of a DUI.
Here’s what happens if you refuse the test in South Carolina:
- Automatic License Suspension – Refusing a breathalyzer test can result in an automatic six-month license suspension for your first offense, increasing with subsequent refusals. During this suspension, you can install an interlock ignition device on your vehicle that will allow you to continue driving.
- Evidence in Court – Your refusal could be used against you as evidence in your DUI case.
The South Carolina Department of Motor Vehicles (SCDMV) confirms that implied consent violations result in administrative penalties even without a DUI conviction.
While you might think refusing the test can help avoid a DUI conviction, it can complicate your case. Weighing the pros and cons of compliance or refusal often requires professional legal guidance.
Potential Criminal Penalties for Failing a Breathalyzer
Failing a breathalyzer doesn’t just lead to administrative penalties—it can also result in costly and life-altering criminal consequences.
1. Heavy Fines and Fees
Even for a first DUI offense, you could face fines of up to $1,000. Court costs, surcharges, and fees for court-mandated alcohol education programs can add another layer of financial burden.
2. Jail Time
For a first-time offense, jail time is possible, ranging from 48 hours to 30 days. Repeated offenses can lead to significantly longer sentences.
3. Ignition Interlock Devices (IID)
For some offenders, regaining driving privileges may require installing an ignition interlock device, which prevents you from starting your car unless you pass a built-in breathalyzer test.
In 2024, South Carolina made IIDs mandatory for repeat offenders and those with high BAC levels.
4. Long-Term Record Impact
A DUI conviction can stay on your driving record for life in South Carolina. This can hurt future employment opportunities, insurance rates, and even your professional reputation.
What If You Believe the Test Was Wrong?
Breathalyzer devices are not infallible. Several factors can influence the accuracy of your BAC readings, including:
- Poor Calibration – Improperly maintained devices can produce incorrect results.
- Medical Conditions – Issues like acid reflux or diabetes could falsely elevate your BAC.
- External Contaminants – Substances like mouthwash or certain medications can interfere with the readings.
Challenging the validity of the test through legal representation is often the first step in building a solid defense.
Steps to Take After Failing a Breathalyzer Test
If you’ve failed a breathalyzer test, don’t panic. Here are some immediate steps to protect your rights and improve your outcome.
1. Stay Silent and Cooperative
Anything you say can and will be used against you in court. Politely provide your identifying information, but avoid discussing your case until you’ve consulted an attorney.
2. Request a Hearing
If your license has been suspended, you have 30 days to request an administrative hearing to contest the suspension. Missing this deadline can result in the mandatory suspension taking full effect.
3. Document Everything
Write down everything you remember from the incident. This includes where and when the test was administered, the officer’s behavior, and any relevant comments or actions on your part. These details can help your legal team identify potential defenses.
4. Secure Legal Assistance
A failed breathalyzer doesn’t mean automatic conviction. An experienced DUI criminal defense attorney can help you contest the evidence, negotiate for reduced charges, or seek alternative resolutions.
Common Myths About Breathalyzers
| Myth | Reality |
| Drinking coffee or water will lower your BAC. | Your BAC is determined by alcohol in your bloodstream, not by temporary measures like water or coffee. |
| You can “trick” the test by holding your breath or blowing lightly. | Modern breathalyzers are designed to identify insufficient samples. Tampering with the test could lead to additional penalties. |
| Refusing the test guarantees you won’t face consequences. | As discussed earlier, refusing carries its own serious administrative penalties. |
Why South Carolina Residents Turn to Lori Murray for DUI Cases
Failing a breathalyzer test in South Carolina doesn’t define you, and it doesn’t have to dictate your future. At the Law Offices of Lori Murray, we understand how overwhelming it feels to face DUI charges. That’s why we’re here to offer clarity, compassion, and a path forward.
Lori Murray is a former prosecutor with over 25 years of legal experience. Her dual perspective gives clients a strategic edge when navigating DUI defense.
If you’re worried about your situation or unsure of what steps to take next, reach out today. A consultation could make all the difference. Don’t wait—your future deserves defense.
Take control of your case now