Many drivers believe that refusing a DUI test will help them avoid a conviction, but in South Carolina, it’s not that simple. While you do have the right to say no, refusing a DUI test comes with automatic penalties. In some cases, refusing the test can make your situation worse.
South Carolina has implied consent laws, which means that by driving on the state’s roads, you automatically agree to submit to chemical tests if an officer suspects you of driving under the influence. Refusing a breathalyzer doesn’t mean you won’t be charged with a DUI—it just means the state will take other actions against you.
So, what should you do? The truth is that every case is different. If you are facing consequences after refusing a breathalyzer, an experienced South Carolina DUI lawyer can help you fight for your rights and work toward the best possible outcome.
Can You Refuse a Breathalyzer Test?
Refusing a breathalyzer test in South Carolina is within your legal rights. However, there are consequences to doing so. South Carolina’s implied consent laws mean that simply by driving on the state’s roads, you’ve tacitly agreed to submit to chemical tests if suspected of DUI. This includes tests to assess your blood alcohol content, like the breathalyzer.
If you decide to refuse the breathalyzer, you’re essentially withdrawing that consent, which triggers a set of automatic consequences. For instance, your driver’s license can be immediately suspended.
While this might seem like a good strategy to avoid providing evidence of your blood alcohol content (BAC), this decision does not guarantee that you will avoid a DUI charge.
What Happens When You Refuse a Breathalyzer in South Carolina?
When you are pulled over and suspected of DUI but decide to refuse the test, here’s what generally happens.
1. Immediate License Suspension
Firstly, your driver’s license will be suspended by the South Carolina Department of Motor Vehicles (SCDMV). This suspension lasts for six months on your first refusal, increasing with any subsequent refusals.
2. You May Still Receive a DUI Charge
Secondly, even without breathalyzer results, you can still face DUI charges based on other evidence gathered by the police. This can include observations of your:
- Behavior
- Appearance
- Performance on field sobriety tests
- Any other circumstantial evidence that may suggest impairment
3. It May Harm Your Case
Also, if your case goes to court, the prosecution may argue that your refusal indicates an awareness of guilt. This can complicate your defense, as the jury might view the refusal as an attempt to hide your intoxication level.
4. Added Expenses in the Future
To regain your driving privileges, you may need to apply for a temporary alcohol license, install an ignition interlock device on your vehicle, or attend alcohol education programs. Each of these steps adds to your expenses and the time and effort you must invest to restore normalcy in your life.
Also, refusing a breathalyzer test often leads to higher auto insurance premiums. This may not be an immediate concern, but it can sting later down the line. You might need to obtain SR-22 insurance, a type of policy for high-risk drivers that can increase your insurance costs for several years.
How a South Carolina DUI Lawyer Can Help
Dealing with the consequences of refusing a breathalyzer test in South Carolina can be complex. However, having an experienced DUI lawyer by your side can positively influence the outcome of your case. Here’s how a DUI attorney can help you:
Challenging License Suspensions
After a breathalyzer refusal, you face an automatic license suspension. You have a limited window to challenge this at an administrative hearing. A DUI attorney can represent you at this hearing, argue on your behalf, and work to get your driving privileges restored.
Scrutinizing the Arrest Procedures
The validity of a DUI charge can hinge on the minutest details of the arrest procedure. Did the arresting officer have probable cause? Were you properly informed of your rights and the consequences of refusing a breathalyzer?
Your attorney will scrutinize every aspect of your arrest to ensure your rights are respected. Any deviation from standard legal procedures can be grounds for dismissing or reducing charges.
Handling Paperwork and Procedural Requirements
Legal proceedings involve a significant amount of paperwork and strict deadlines. A DUI lawyer can handle these logistical aspects efficiently, ensuring that nothing gets overlooked and that your case progresses smoothly.
Negotiating Plea Deals
If the evidence against you is strong, your lawyer might recommend negotiating a plea deal.
This could mean reduced charges or penalties. Experienced DUI lawyers understand how to negotiate effectively on your behalf.
Preparing for Trial
Should your case go to trial, having a DUI lawyer by your side is invaluable. They will prepare a strong defense, bringing in expert witnesses if necessary, to challenge the prosecution’s evidence. They’ll articulate the weaknesses in the state’s case and present compelling arguments to protect your rights.
Contact our DUI Attorneys Today
Did you refuse to take a breathalyzer test? There are legal options available to fight your suspension and DUI charges. A DUI attorney at Savage, Royall & Sheheen, LLP can review the details of your stop, determine if law enforcement followed proper procedures, and build a strong defense to protect your rights.
If you are dealing with the consequences of refusing a DUI test, contact us at 803-432-4391 for a free consultation.
We understand South Carolina DUI laws and know how to fight for the best possible outcome.