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What you need to know about implied consent in South Carolina

On Behalf of Blackwelder Law, LLC | Aug 30, 2022 | Criminal Defense

Driving is a privilege but also a responsibility. When you get behind the wheel, you may not realize the applicable laws. Unfortunately, just because you do not know the law does not mean you can’t be arrested for breaking it.

If you are pulled over and arrested for DUI, it is important to know and understand the implied consent laws in the state. According to these laws, you must submit to blood or breathalyzer tests if arrested for DUI.

Implied consent and DUI

It’s important to understand that while you can refuse roadside testing for alcohol, you must submit to a blood or urine test if requested once you are arrested. Failure to do this can result in fines and license suspension for six months to one year. This is true regardless of whether you are convicted of the DUI charge.

If you are under 21 and refuse a field sobriety test upon request, your license will automatically be suspended for six months to one year.

Also, just because you refuse a field sobriety test does not mean you won’t be convicted if there is other proof that you were driving with a BAC over .08% and you are 21 years of age or more. Your refusal of this test can be used as proof of your intoxication.

Protecting your rights when suspected of DUI

The best way to protect your rights when suspected of DUI is to know what they are. Implied consent applies when an officer suspects you of driving under the influence after pulling you over. Knowing what to expect is the best way to avoid saying the wrong thing or taking steps that may aggravate your situation. 

 

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