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You can refuse a breathalyzer DUI test in Columbia, SC. However, you may still be arrested and charged with drunk driving. In addition, you face penalties under the South Carolina Implied Consent Law, S.C. Code § 56-5-2950.
It’s almost always best to take the breathalyzer test.
You may have an attorney to fight the drunk driving charges and represent you in challenging the refusal to take the breath DUI test.
Refusing a DUI Breathalyzer in Columbia, SC
In South Carolina, there is a law called the Implied Consent Law. The law says that by driving a vehicle in the state, it’s implied that you consent to take a chemical test if arrested for drunk driving.
If asked to submit to a breathalyzer, you can refuse. The state will not collect a sample by force. However, you violate civil law if you fail to provide a sample. If you refuse, your license will be suspended, regardless of the outcome of the drunk driving charges.
What Happens When Someone Refuses a Breathalyzer Test
- If you’re arrested for drunk driving, the law enforcement officer should give you written and verbal notice of your implied consent rights.
- They should then ask you to take the test.
- If you refuse the test, they’ll suspend your driver’s license. The suspension will be effective immediately.
- You may contest the suspension by asking for a hearing. You must request the hearing.
- While you’re awaiting the hearing, you can drive by installing an Ignition Interlock device on your vehicle. Alternatively, you can pay a $100 fee to the DMV and get a temporary license.
- The hearing is in front of an administrative hearing officer. It’s not the same court or judge that will hear the drunk driving charge.
- The hearing officer will accept the evidence and issue a ruling.
- If they uphold the suspension, the suspension continues for the remainder of the suspension period.
- If the suspension is overturned, the DMV reinstates the license and reimburses fees.
- Regardless of the outcome, the drunk driving criminal charges may proceed.
South Carolina’s Implied Consent Hearings
Refusing a breathalyzer DUI test will likely result in being issued a violation of the South Carolina Implied Consent Law. If you’re issued a violation for refusing a breathalyzer DUI test in Columbia, SC, you have 30 days to request a hearing.
The scope of the Implied Consent hearing is whether you were properly cited for refusing the breathalyzer. Questions the hearing officer considers include the following:
- Were you lawfully arrested and detained?
- Did the law enforcement officer give you the written rights? And did they verbally inform you of your rights?
- Did you refuse the breathalyzer test?
- Was the result .15% or more? (This won’t apply if you refuse the test.)
- Is the person who gave you the test qualified?
- How was the test given? Was it proper?
- Was the machine working properly?
Any of these errors may result in the dismissal of the implied consent violation. These are also grounds to challenge the underlying DUI charges. It’s likely not in your best interests to refuse a breathalyzer DUI test in hopes of finding a technical or administrative violation to reinstate your driving privileges.
You may have an attorney represent you at your DUI breathalyzer refusal hearing.
Implied consent hearings for refusing a breathalyzer
The hearing is before the Office of Motor Vehicle Hearings. At the hearing, the DMV and the arresting officer have the burden of proof.
The hearing follows the Administrative Procedures Act, and you can appeal.
There is a $200 fee to request an implied consent hearing (S.C. Code § 56-5-2952).
Consequences of Refusing a Breathalyzer Test in Columbia
The standard suspension for refusing a breathalyzer test in Columbia, SC is six months. If it’s your first offense, that’s the length of suspension that you can expect. You can get back on the road sooner by participating in the Ignition Interlock Device Program.
Breathalyzer Refusal License Suspension Chart – South Carolina
| Offense | Implied consent – suspension period | BAC .15%+ – suspension period |
| 1st | Six (6) months | One (1) month |
| 2nd | Nine (9) months | Two (2) months |
| 3rd | One (1) year | Three (3) months |
| 4th or subsequent | One (1) year, three (3) months | Four (4) months |
A person may be charged with a second or subsequent violation based on prior drunk driving convictions or prior test refusals.
Can Refusing a Breathalyzer Help or Hurt Your DUI Case?
Refusing a breathalyzer will probably hurt your DUI case. Your refusal can be used against you in court. If the law enforcement officer can articulate the reasons that you were arrested, such as poor driving, the smell of intoxicants, or poor performance on field sobriety tests, they can use these same observations along with your breathalyzer refusal to argue that you’re guilty of drunk driving.
How a Columbia DUI Lawyer Can Help
At Shealey Law Firm, we often meet clients after they have been arrested for DUI. You either took the DUI breathalyzer test or you didn’t.
We’re here to help. As soon as you contact us, we can advise you of the next steps. Our Columbia South Carolina DUI lawyers help you challenge the implied consent violation and the DUI charges.
Call or message us to get legal help today.