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Defending DUI Charges Understanding the Breath Test & Options to Refuse

What Happens If I Refuse to Take a Breath Test?

Negative and Positive Consequences

South Carolina's implied consent law mandates that all drivers arrested for a DUI charge 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. There are consequences, however, if you refuse to submit to the sample. You may be 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 of the DUI later.

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.

You also can lose any chance to show the court later that your blood alcohol content (BAC) would have been below South Carolina's per se limit (currently 0.08). If you refuse to submit to the breath or blood samples, your case may be benefited as follows by giving you entitlement to request a hearing to challenge the implied consent. 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. 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. Refusal also makes sure that 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.

Refusal to Submit Penalty in Lexington, SC

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, you may be able to have it reinstated. For more information on DUI Defense as it applies to your case, contact a Lexington criminal defense attorney at theLaw Office of James R. Snell. In addition to Lexington, we also serve the Columbia area as well as other South Carolina communities.

Initial appointments at our Lexington office are provided at no cost to those facing any DUI charge, so call our Lexington criminal lawyers today!

Former Client Experiences

  • “I would highly recommend Mr. Snell, should you be seeking legal counsel in SC.”

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  • “You absolutely exceeded every possible expectation I had. I'm simply amazed at how quickly you got results for me. I am beyond happy that I hired you.”

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  • “I would first like to thank you for accepting my case! I also want to thank you for the friendly help and support that you and your time provided. The service exceeded my expectations… I am relieved to have my case to be over and I appreciate the measures ”

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  • “When we went to court, it went just like he said that it would, and now I do not have a CDV on my record.”

    Former Client

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