How South Carolina Implied Consent Laws Work

If you have been charged with a DUI in South Carolina, you do not have the right to refuse a breath, blood or urine test without penalty.

2013-01-18

January 18, 2013 (Press-News.org) How South Carolina implied consent laws work

Anyone who has seen an episode of a popular crime drama knows that when you are being charged with a crime, you have the right to remain silent. But if you have been charged with a DUIin South Carolina, you do not have the right to refuse a breath, blood or urine test without penalty.

Implied consent laws in South Carolina

In South Carolina, people who are lawfully arrested for driving under the influence of alcohol are required to take a blood, urine or breath test when a law enforcement officer requests one. Generally, when someone is arrested in the state for driving under the influence, the police officer will first ask them to consent to a breathalyzer test. However, if the accused drunk driver is incapacitated, a blood test can be ordered to determine the driver's blood alcohol level.

When a law enforcement officer asks a suspected drunk driver to submit to a breath test, the law requires that this request be made on tape. In order to comply with the law, officers must begin taping the interaction with the suspect during the entire arrest, as well as when the breathalyzer test is administered.

Can you refuse to be tested?

Although you have the right to refuse a breath, urine or blood test, you can't do so without penalty. Some people believe that refusing to take a breath, blood or urine test when being arrested for a DUI is a good idea because they won't be handing over any evidence to the police. What these people don't know is that refusing to take a test can actually cause more harm than good.

When a person refuses to take these tests, his or her license will automatically be suspended for at least six months. In contrast, a person who chooses to take a test, and fails, may have their license suspended for as little as one month. In order to drive in the state, a person with a suspended license needs to go to the Department of Motor Vehicles to ask for a temporary permit.

In addition, prosecutors can use the refusal to take a breath test as evidence against a person in court. The argument will likely be made that the person did not comply with the test because he or she knew that his or her blood alcohol level was above the legal limit. This can lead to the person being found guilty of a DUI even without ever having taken a test.

Get the legal help you need

Being charged with a DUI is serious business that could lead to the loss of your driving privileges, not to mention your freedom. If you are found guilty of a DUI, you can face jail time, hefty fines and the loss of your license for a long period of time.

If you have been charged with a DUI, consult a qualified attorney with experience in these types of cases. The laws that govern DUI can be complicated, and you want to make sure that you have an attorney by your side who understands how to defend you.

Article provided by Kinard & Jones, LLC
Visit us at http://www.kinardjones.com

ELSE PRESS RELEASES FROM THIS DATE:

Briefly Measuring the Pros and Cons of Business Entities: LLC or S-Corp

2013-01-18

Briefly measuring the pros and cons of business entities: LLC or S-Corp Two of the most common business entities for small companies are the limited liability corporation and the S-Corp, but how do you know which entity is appropriate for your business? The answer may come down to cost, attraction of capital as your business grows, and tax considerations, among others. To begin, the major advantage of filing either as an LLC or S-Corp is that both entities offer limited liability, which means the personal assets of the business owner are protected from the creditors ...

Florida Defendants Questioning Intoxilyzer Results

2013-01-18

Florida defendants questioning Intoxilyzer results Police and prosecutors in Florida have been relying on breath test results from a device called the Intoxilyzer to convict people of drinking and driving. The device has been around for 73 years, and its results are constantly challenged by people on trial for drinking and driving. In fact, the state hired a woman simply to travel around the state and testify about the reliability and accuracy of the Intoxilyzer. More than 60 people accused of drinking and driving in Brevard County are questioning the use of the Intoxilyzer ...

Recent Campaign Targets Repeat DWI Offenders

2013-01-18

Recent campaign targets repeat DWI offenders A new campaign in North Carolina recently took place with the goal of reducing drunk driving. The North Carolina Department of Transportation's "Booze It & Lose It" campaign ran through January 2 and attempted to decrease drunk driving throughout the state. Over 10,000 additional checkpoints and patrols were conducted during the campaign in 2011. Additionally, more than 3,600 North Carolina drivers were charged with driving while impaired. Alcohol-related crash statistics in North Carolina Alcohol-related ...

New Technologies May Increase Distracted Driving Risks

2013-01-18

New Technologies May Increase Distracted Driving Risks According to the National Highway Traffic Safety Administration (NHTSA), distracted driving poses serious risks on our nation's highways. In 2010 alone - the last year for which statistics are available - 3,092 people were killed and an additional 419,000 injured in car accidents involving distracted drivers. Unfortunately, the problem is only likely to get worse as cell phone ownership increases and texting gains traction as an accepted means of communication. New Technologies Pose New Dangers Any activity ...

NHTSA to Require Electronic Stability Control in Heavy Trucks and Buses

2013-01-18

NHTSA to require electronic stability control in heavy trucks and buses Tractor trailers and other heavy trucks are some of the most dangerous vehicles on our roads. Of course, this isn't to say that truckers are somehow worse drivers than the rest of us. To the contrary, most truck drivers approach their jobs with a sense of professionalism and care towards other motorists. However, they aren't infallible. When accidents happen, the trucks' sheer size means that serious personal injuries are much more likely to occur. Rollovers are some of the most dangerous types ...

Wrongful Convictions in California

2013-01-18

Wrongful convictions in California According to a study from the California Wrongful Convictions Project at the University of California Berkeley School of Law, there were more than 200 wrongful convictions in the state since 1989. These wrongful convictions included serious offenses like rape and murder. California has the highest number of exonerations of any other state. Wrongful conviction costs add up The study included two definitions of wrongful conviction. The first was when the person's conviction was reversed and they were fully acquitted upon retrial, ...

Warrant Needed for Drug Dogs?

2013-01-18

Warrant needed for drug dogs? Law enforcement agencies throughout the country devote significant resources toward the investigation of drug crimes. Many of these investigations start after officers receive tips about certain individuals who may be engaging in the manufacturing or selling of illegal drugs. Once police know which individuals to monitor, they will begin the process of gathering the evidence they will need to potentially make an arrest. It is not uncommon for law enforcement to use questionable tactics during drug crimes investigations. This can result ...

What Happens after Deciding to File for Bankruptcy?

2013-01-18

What happens after deciding to file for bankruptcy? Staying ahead financially is difficult in today's economy. Under certain circumstances, people will find that bankruptcy is the best solution. Signs that you may be heading toward bankruptcy Trouble making payments, living off credit cards or cash advances to pay bills and harassment from creditors are just a few signs that a bankruptcy may be looming. Other signs include: -No emergency savings -No health insurance -Large student loan debt -Denial of credit or loans When it becomes impossible to pay ...

Arizona to Spend Foreclosure Settlement Award on Homeowners, Deficit

2013-01-18

Arizona to spend foreclosure settlement award on homeowners, deficit Arizona to spend foreclosure settlement award on homeowners, deficit Arizona received $98 million as the state's share of a $25 billion national mortgage settlement reached between 49 states and the nation's five largest mortgage servicers. The state plans to use about half of the money to prevent more foreclosures in Arizona, while about $50 million is slated to bring down the state's budget deficit. Arizona's plans for national mortgage settlement money The Arizona Attorney General has committed ...

Supplemental Needs Trusts and Long-Term Care Planning

2013-01-18

Supplemental Needs Trusts and Long-Term Care Planning All parents worry about their children's futures. Parents want their children to have happy lives and to be assured that their children will not have to struggle for basic needs. Parents of children with special needs often are particularly anxious about what the future holds for their children, wondering who will care for their children after they are no longer around. Parents of children with special needs should be aware of a powerful estate planning tool called a supplemental needs trust that can help them provide ...

LAST 30 PRESS RELEASES:

Scientists trace microplastics in fertilizer from fields to the beach

The Lancet Obstetrics, Gynecology, & Women’s Health: Taking paracetamol during pregnancy does not increase risk of autism, ADHD or intellectual disabilities, confirms new gold-standard evidence review