If you’re arrested for suspicion of driving under the influence, officers can legally administer certain tests and screenings to assess the level of your impairment. This is due to South Carolina’s implied consent law, and that law can have some serious impacts on DUI cases, whether it’s a first offense or a fourth. Though a South Carolina DUI defense attorney can still help you mount a defense, the implied consent law can make it a bit more difficult. Here’s what you need to know.
What Is Implied Consent?
Under South Carolina’s implied consent law, all drivers who get a driver’s license in the state and drive on public roadways accept that they’re expected to perform certain screening protocols and undergo tests if they’re suspected of driving under the influence. The goal of the law is to make it easier for law enforcement to confirm that suspected impaired drivers are driving under the influence.
The Types of Tests Permitted Under the Implied Consent Law
Under the law, officers are legally permitted to administer field sobriety tests, breathalyzer tests, and blood alcohol tests to determine an individual’s blood alcohol content after suspected DUI. The tests must be administered in an appropriate manner, by a person trained to use the testing equipment or method, and all equipment must be properly maintained and calibrated at all times.
What Happens if You Refuse a Test
Though the law legally permits officers to perform screenings and tests for suspected DUI and DUAC cases, drivers are legally permitted to refuse those tests. That said, a refusal can have a significant impact on your case if you end up going to court.
Remember, by taking on a South Carolina driver’s license, you agree to abide by the implied consent law. Refusing to perform a field sobriety test or to take a BAC test is a violation of that law. The court may view your refusal as an admission of guilt which could strengthen the prosecution’s case against you. Worse, it can make it harder for your South Carolina DUI defense attorney to defend against the charges you face.
Refusing a breathalyzer test or a field sobriety test does not immediately mean you’re guilty. But it can suggest to the court that you had something to hide at the time of your arrest. And they may hold that against you, whether they do so consciously or unconsciously.
What You Can Do if You’re Facing Charges
If you’ve been arrested for DUI and you refused to participate in a field sobriety test or BAC screening, thereby violating the implied consent law, your defense will be tougher. But tougher doesn’t mean impossible.
You’ll want to speak with an experienced South Carolina DUI defense attorney as soon as possible. During your meeting, let them know what happened leading up to and during your arrest. Answer your attorney’s questions and be honest about your situation. The better your attorney understands the circumstances leading up to the traffic stop, your behavior during the stop, and any other key information, the easier it will be for them to mount a defense on your behalf.
The strategies your attorney may use to defend your case will depend on your charges, your history, and the circumstances surrounding your case. However, some common defense methods include:
- Questioning the legality of the stop
- Questioning the officer’s conduct during the stop
- Questioning the location of the arrest if it was made on private property
- Questioning whether you were driving in the first place
Your attorney will discuss the defense options with you long before you go to court.
Schedule a Consultation
If you’ve been arrested for DUI, make sure you’re working with a South Carolina DUI defense attorney you trust. At Truslow and Truslow, we have decades of experience helping drivers like you navigate the legal system. Contact us today to schedule a free consultation.