If you’re pulled over for suspicion of driving under the influence, the police may try to administer a field sobriety test or ask you to take a breathalyzer test to determine your level of impairment. While you’re legally allowed to refuse a breathalyzer, doing so can have some serious consequences that can impact your case. Your South Carolina DUI defense lawyer can still represent your case, but it’s helpful to understand how refusing a breathalyzer test may impact your situation. Let’s take a closer look.
You Have the Right to Refuse a Breathalyzer
First and foremost, you have the right to refuse a breathalyzer test. Doing so isn’t a crime and you can’t get in trouble for refusing the test on its own. But that doesn’t mean it won’t impact your case. Why? Because under South Carolina’s implied consent law, you agree to let law enforcement test your BAC level when you received your driver’s license. Not agreeing to those tests can hurt your case in some instances.
What Happens If You Refuse a Breathalyzer?
Every case is unique, and the way that refusing a breath test may impact your case may not be the same as someone else’s. However, there are a few ways that your refusal of the test will likely impact your life and your legal defense.
You Will Lose Your License
Under South Carolina law, refusing a breath test after being charged with DUI will trigger an automatic suspension of your driver’s license. That suspension lasts for six months and will be in place even if you’re not convicted of driving under the influence.
You may still be able to get a restricted use driver’s license so you can get to work, doctors’ appointments, and other obligations if your license is suspended. Speak with your South Carolina DUI defense lawyer to learn more.
The Police May Use the Refusal as Evidence
Refusing a breath test may send a signal to law enforcement that you’re guilty of driving under the influence, whether you are or not. And prosecutors may be all too willing to use this as part of their case against you. They may argue that your refusal shows that you were guilty because you were knowingly trying to hide your BAC level from law enforcement.
This doesn’t guarantee that you’ll be found guilty. But if your case is heard before a jury, it can sway them to believe that you were driving under the influence.
You May End Up Facing More Serious Penalties
That refusal may lead you to face harsher penalties for your DUI if you are convicted. The judge may see your refusal of the breath test as an aggravating factor and may adjust your sentence accordingly. Your South Carolina DUI defense lawyer will do what they can to show the court why you deserve the minimum sentence, but it’s ultimately up to the judge to make the decision based on the evidence presented.
What You Can Do If You Refuse
If you decide to refuse a breath test, you’ll want to take a few steps to set yourself up for success. This includes the following:
- Document everything you can about the arrest, the actions of the police, the way you were treated, and what you remember leading up to the stop.
- Schedule an appointment with your DUI defense lawyer as soon as possible.
- Communicate your experience to your attorney and let them know if the police behaved in a way that infringed on your rights.
Your attorney will help you mount a defense and do what they can to keep your refusal of a breath test from impacting your case significantly.
Let Your South Carolina DUI Defense Lawyer Help
If you’re facing charges for DUI and refused a breath test, don’t give up hope. Schedule a consultation with an experienced South Carolina DUI defense lawyer at Truslow & Truslow. Our team will represent your case and help you mount the best defense possible.