Can You Refuse a Breathalyzer or Blood Test in South Carolina?
If police officers stop you and ask you to submit to a breathalyzer or blood test, it is natural to wonder about your options. First, drivers do have the option to refuse these tests. Still, you must also understand the potential consequences of denying, as they can be serious, even if you are acquitted of driving under the influence (DUI).
If you recently refused a chemical test, you should immediately seek professional advice from a Spartanburg defense attorney. The Law Office of Mo Abusaft provides the representation you need to protect your driver’s license and future.
South Carolina’s Implied Consent Rule
South Carolina law includes an implied consent rule. When you receive a driver’s license, you automatically consent to a breathalyzer or blood test if you are suspected of driving under the influence. While you can still decline to give a breath or blood sample at a traffic stop, refusing these tests can have serious consequences.
After refusing a chemical test, you may face immediate penalties, such as a driver’s license suspension and even the impounding of your vehicle. Additionally, your refusal can be used against you in court as evidence of guilt. Refusing these tests does not guarantee that you will avoid a DUI charge.
If you are asked to take a breathalyzer or blood test, it is essential to remain calm and cooperate with law enforcement to avoid altercations. However, it is also important to understand your rights and possible penalties.
It is within your rights to consult a DUI defense attorney before making any decisions about chemical tests. An attorney can advise you based on your circumstances and ensure you are treated fairly.
Penalties for Refusing a Breathalyzer or Blood Test in SC
In most states, refusing these tests can result in administrative penalties, such as suspending your driver’s license. South Carolina is no different, as a refusal can result in an automatic driver’s license suspension for 90 days under DUI laws. The suspension will be longer if you have prior drunk-driving suspensions or convictions in the past ten years.
Additionally, the fact that you refused a test can be used against you in court as evidence of guilt. The prosecutor can argue you refused testing because you knew you were over the legal limit.
Contact a Spartanburg DUI Defense Lawyer from the Law Office of Mo Abusaft
If you are facing a DUI charge in the Spartanburg area and have questions about refusing a breathalyzer or blood test, the Law Office of Mo Abusaft is here to help. We can advise on your rights and take proper action to protect your license whenever possible.
To schedule a consultation with a DUI defense attorney, contact us online or call 864-208-9281. Let us provide counsel on South Carolina law and build a strong defense against DUI charges for you.