What Happens if You Refuse a Breathalyzer Test in South Carolina?
Most people who are pulled over for a DUI believe that they have the right to refuse a blood or breath test. This could not be farther from the truth. In South Carolina, if you refuse to take a breathalyzer test, you will have your license automatically revoked for six months. This applies to a first DUI offense, with subsequent offenses carrying harsher penalties.
In this blog, our Greenville, SC, DUI lawyers would like to clear up any confusion about DUI laws in the Palmetto State and penalties for test refusal.
Blood Alcohol Concentration
South Carolina considers a motorist 21 years of age and over to be driving illegally if the individual has a blood alcohol concentration (BAC) of 0.08 percent or more. If you are under the age of 21, you are driving unlawfully with a BAC of just 0.02 percent.
Penalties will depend on prior offenses and any aggravating circumstances. For instance, if a first-time DUI offender has a BAC of .16 percent, then the individual will be fined $1,000, with a mandatory prison sentence of 30 days. This differs from a first-time offender with no aggravating circumstances. In this case, the individual will be fined $400, with a mandatory sentence of 48 hours.
Implied Consent Law
If a police officer has reasonable suspicion that you are impaired while operating a motor vehicle, you must cooperate with DUI blood testing. The reason? Under South Carolina Code §56-5-2950, you already consent to testing by driving within the state. Referred to as the “implied consent law,” you must legally consent to any chemical testing if a police officer pulls you over.
Testing is not limited to just a breathalyzer but may include a blood or urine sample. If this is your first refusal, your license will be suspended for six months. If it is your second refusal, your license is automatically suspended for nine months.
Ignition Interlock Device
To end your license suspension following test refusal, you must install an ignition interlock device (IID) in your vehicle. This device functions as a breathalyzer that hooks into your vehicle’s ignition system. In order to start your vehicle, you will need to breathe into the vehicle. Your engine will not start if there is any detectable amount of alcohol in your system (a reading of 0.02 percent).
Challenging a Traffic Stop
While DUI checkpoints are legal in the Palmetto State, a police officer must stop motor vehicle operators in a predictable pattern. Stopping drivers at random is not permitted. Law enforcement must have reason to believe that you are driving under the influence. Known as reasonable suspicion, this would involve overt signs that you are impaired. If you believe that an officer lacked reasonable suspicion, then you can challenge the traffic stop itself.
Speak with Our Greenville, SC, DUI Lawyers Today
Refusing to take a breath test comes with severe repercussions. While it is true that a breathalyzer can return a false positive reading, the state does not look kindly upon anyone who does not comply with the law.
If you are facing penalties due to a test refusal, no matter if you have prior offenses, our Greenville DUI defense lawyers want to speak with you. To schedule your free consultation, contact us by phone or by filling out our online contact form.