If you've been charged with DUI in Lexington or Columbia, South Carolina—and especially if your breath test result was 0.08 or higher—it's important to understand one crucial fact: a high breath test result is not an automatic conviction. Not in South Carolina. Not in our local courts. And not with experienced legal representation on your side.
At the Law Office of James R. Snell, Jr., LLC, we’ve been defending DUI charges in Lexington and Richland Counties for over 20 years. One of the most common concerns we hear from clients is whether a breath test result, particularly one over the legal limit, means they’re already guilty. The answer is a clear no.
DUI in South Carolina Is Not Defined by the Breath Test Number
Under South Carolina law, DUI is not defined by the number produced by a breath test. Although the breath test result is considered evidence, you cannot be convicted based on that number alone. Instead, DUI is defined as driving while materially and appreciably impaired. This is a subjective legal standard, meaning the court must consider the totality of the circumstances—not just a single test result.
This gives the defense the opportunity to challenge the police officer’s assumption of guilt. Was the traffic stop legal? Was the field sobriety test administered correctly? Was the breath test machine properly calibrated? These are all questions that can and should be raised by an experienced DUI defense lawyer.
And remember, in every case the government has the burden to prove guilt beyond a reasonable doubt. You are presumed innocent unless and until the state meets that very high burden of proof.
High Breath Test Results Are Common—But Not Always Reliable
We recently commissioned a comprehensive review of breath test results conducted in both Lexington and Richland Counties. What we found may surprise you: 52% of all breath tests in DUI cases came back at 0.16 or higher. That means a high reading is not only common—it’s the norm in many local DUI prosecutions.
Still, no matter how high your result was, there is no number that equals an automatic guilty verdict. We've successfully helped clients facing readings of 0.16, 0.20, and higher to obtain favorable outcomes—including case dismissals, reduced charges, and not-guilty verdicts. (Legal Disclaimer: any result we may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.)
Facing a 0.15 or Higher? Your License May Be Suspended—But You Have Options
Under South Carolina’s implied consent law, anyone who blows a 0.15 or higher will face an automatic license suspension. That can happen before you even step foot in a courtroom. But this doesn’t mean you’re stuck. We can file the necessary paperwork—immediately—to challenge this suspension.
Challenging the implied consent suspension can do more than just protect your driving record. It may allow you to obtain a legal driving credential, often within just 1–2 business days. This means you can keep driving to work, school, or anywhere else you need to go—while your case is being resolved.
Why High Breath Test DUI Charges Carry Higher Penalties
The higher your breath test result, the more severe the penalties you're facing. In South Carolina, a result over 0.10—or especially 0.15—can mean higher fines, mandatory ignition interlock installation, longer license suspensions, and even jail time.
That’s why it’s critical to consult a defense attorney experienced in fighting DUI cases involving elevated breath alcohol levels. Every aspect of the traffic stop, arrest, and breath test can be challenged. From improperly calibrated machines to flawed police procedures, we leave no stone unturned.
We Know How to Fight—and Win—High BAC DUI Charges
Our office has represented hundreds of individuals facing DUI charges across Lexington and Columbia, including many involving high breath test results. Attorney James R. Snell, Jr. is a member of the National College for DUI Defense, the author of South Carolina DUI Defense: The Law and Practice, and is trained in advanced police investigation techniques.
Every case is unique, and while no attorney can ever promise a specific outcome, our goal is always to seek a dismissal or favorable reduction. If that’s not possible, we are fully prepared to take your case to court and fight for you every step of the way.
Schedule Your Free DUI Consultation Today
An arrest—even one involving a high breath test—is not a conviction. You have rights. You have options. And you don’t have to face the process alone.
We offer free consultations with an experienced DUI defense lawyer. Once retained, we immediately take steps to protect your rights, including filing all necessary motions and contesting your license suspension if applicable.
Call us today at (803) 359-3301 to schedule your appointment and start your defense. Don’t wait—early action can make all the difference in your case.