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Be aware of implied consent laws

Something many drivers in South Carolina are unaware of is the fact that holding a driver’s license means you are bound by certain laws. This legislation, often termed as “implied consent,” means that you consent to any chemical or field sobriety tests required to determine whether your driving has been impaired by drugs or alcohol.

However, as this article on implied consent explains, officers are not allowed to force a suspect to take a Breathalyzer test or, indeed, any other such test to determine their blood alcohol concentration. As a result, more than one in five decline to submit to the tests on average, although that statistic varies significantly from one state to the next.

Even so, refusal to take the tests does not completely clear you of suspicion. In fact, under implied consent laws, it counts as a breach of your driver’s license agreement and can result in the suspension of your license. In most states, a six or 12 month suspension an automatic response to BAC test refusal. Some states carry even harsher penalties, such as a brief jail sentence, a fine, or even a citation for refusal.

As such, it is important to know the rules in your home state. An attorney can advise you on what to expect if you are investigated for drunk driving. He or she may also be able to support you if you are faced with charges. Mistakes can often be made during a DUI investigation and if such errors can be identified they may result in the dismissal of the charges against you.


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