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How to Pass a Breathalyzer Test

By Attorney James Whalen | Published on June 7, 2024

What is a breathalyzer test? Breathalyzer tests measure for certain alcohol-related chemicals in your breath. Although not always accurate, they are accepted as evidence of DUI in South Carolina. If you are subjected to a breathalyzer, there are certain steps you can take that will help you pass. However, if you have had too much to drink, you will likely fail the test.

If you are facing DUI or related charges, a strong criminal defense from the DUI defense lawyers at Whalen Montalvo can go a long way toward improving your results. Don’t hesitate to reach out to our criminal defense lawyers at (864) 770-7710  for a consultation today.

What Is a Breathalyzer Test?

A breathalyzer test is a machine that analyzes a person’s breath for the presence of alcohol. In many states, portable breathalyzers are often used as the frontline of roadway DUI law enforcement. However, in South Carolina, the results of portable breathalyzers are not admissible in criminal proceedings. Instead, South Carolina law enforcement uses the DataMaster DMT machine located at police stations. The DataMaster DMT is the only approved breathalyzer in the state of South Carolina.

How Does BAC Level Affect You?

BAC stands for blood alcohol content. It specifically refers to the percentage of alcohol within your bloodstream. As you consume alcohol, your BAC will begin to rise in accordance with how much and how quickly you drink.

How does BAC level affect you? The more alcohol you have in your blood, the less capable you become in accomplishing standard and difficult tasks. Your judgment also becomes impaired, causing you to make unreasonable or irrational decisions.

Factors Affecting BAC Levels

Obviously, consuming alcohol affects your BAC, causing it to rise as you drink. Other factors that influence your BAC include:

  • Height
  • Weight
  • Passage of time
  • Cessation of drinking
  • Food.

Take a tall, husky person: By virtue of their size, their BAC will be lower than the BAC of a small, thin person after a round of the same alcoholic beverages. For both drinkers, time and no more drinking will have the effect of reducing their BAC as the body processes the drinks.

Eating food before drinking would also affect the rate at which both drinkers’ BAC levels increase. Food has the effect of reducing overall BAC by absorbing alcohol before it is absorbed by the body. The result is a slower rise of a person’s BAC. In contrast, drinking on an empty stomach allows the body to directly absorb alcohol without any obstacles.

Truly Lowering BAC

In the end, nothing can truly reduce the amount of alcohol in your body except time and no drinking. Food and other factors may appear to do so; however, they are simply slowing the absorption process. Eating food after alcohol has already been absorbed will not decrease your BAC level.

Coffee and Other BAC Myths

Coffee may help a drunk person with their awareness. However, it will not reduce their BAC. Taking a hot shower — or a cold shower — is also an ineffective BAC reducer. However, all of these can be better alternatives to drinking for many who are trying to sober up or reduce their BAC.

Many believe that pacing yourself is another way to have a reduced BAC. The one-drink-per-hour rule is common (but rarely followed). However, this rule assumes that all people process alcohol at such a rate and with no other factors involved. What ultimately occurs is a steady rise in BAC instead of a spike normally associated with multiple drinks in a short time.

Whalen Montalvo criminal defense lawyers have what it takes to get the results our clients need.

The Legal Limits in South Carolina

South Carolina’s legal limits for alcohol differ depending on the age of the driver. For drivers under the age of 21, the legal BAC limit is far lower than the limit for adults. Drivers under 21 cannot drive with a BAC of .02% or higher. Adults 21 and over must not drive with a BAC at or above .08%. Commercial drivers are also held to a different standard than drivers 21 and over. Commercial drivers must not drive with a BAC at or above .04%. For drivers with a BAC of .15% or more, an automatic license suspension occurs. For drivers under 21, the suspension occurs at .02%.

Get an Effective DUI Defense With Whalen Montalvo

The only response to DUI trouble is an effective DUI defense from an experienced DUI defense lawyer. The state throws its vast resources behind DUI prosecutions. You deserve to be on equal footing. Your future depends on it.

Has the state arrested you or charged you with a DUI-related crime? If so, your future and finances are at stake. Contact Whalen Montalvo to defend your rights and future. Call (864) 770-7710 to discuss your case with our team today.

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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