What happens if I refuse to blow into the breathalyzer machine after being arrested for DUI?

South Carolina's implied consent law mandates that all driver's arrested for DUI take a breathalyzer test at the request of law enforcement as part of a DUI arrest. If a driver is unable to take a breath test due to a medical condition they may be asked to submit to a blood sample.

If you refuse to submit to the sample you will face the following negative penalties:

1.    You are subject to an immediate and automatic six month suspension of your driver's license. This is in addition to any other suspension that may result from being convicted Court of the DUI later.

2.    If you contest the DUI charge in Court the prosecutor may be able to tell the Court that you refused to submit to the test - allowing your judge or jury to draw a negative inference from your refusal.

3.    You lose any chance to show the Court later that your BAC (blood alcohol content) would have been below South Carolina's per se limit (currently 0.08).

If you refuse to submit to the samples your DUI case may be benefited as follows:

1.    You are entitled to request a hearing to challenge the implied consent hearing. Typically your driver's license will be restored in about one week. The suspension might not ever be reinstated depending upon negotiations with the prosecutor or the outcome of the hearing.

2.    Generally your DUI case will only be prosecuted at the minimum level resulting in the lowest fine or sentence in the event you are ultimately convicted by the Court.

3.    There will not be any direct evidence in Court that your BAC was higher than the allowable limits. This limits the evidence against you in most cases to the officer's subjective impressions and circumstantial evidence.

There is not a separate criminal penalty in South Carolina for refusing to submit to a breath test procedure. Other states have differing laws so the information contained herein should be considered only from a South Carolina DUI perspective.

If your license was suspended for refusing a breath test learn how to have it reinstated.

For more information on South Carolina DUI Defense as it applies to your case contact the Law Office of James R. Snell, Jr., LLC at 1-866-252-5789. Initial appointments at our Lexington office are provided at no cost to those facing any South Carolina DUI charge.