Implied consent laws are a big part of DUI laws in South Carolina. By driving on public roads you consent to submit to chemical tests to determine your BAC or the presence of drugs if you are suspected of impaired driving.
This article will cover the law, when it applies, what tests are involved, what happens if you refuse, and your rights and responsibilities.
Implied Consent Law
Statute
Implied consent law is codified in the South Carolina Code of Laws. Any person operating a motor vehicle on public roads in South Carolina, by obtaining a driver’s license, is deemed to have given consent to chemical tests of their breath, blood, or urine to determine the presence of alcohol or drugs.
Who it Applies To
Implied consent applies to all drivers on the state’s roads. By driving in South Carolina you consent to testing if suspected of driving under the influence (DUI). This is not optional and is a condition of the privilege of driving in the state.
Types of Tests
Under the implied consent law, law enforcement can require drivers to submit to a breath test, blood test, or urine test. These tests measure the blood alcohol concentration (BAC) or the presence of drugs in the driver’s system. The type of test may depend on the situation and the officer’s discretion.
Penalties for Refusal and License Suspension
Refusing a BAC test has big consequences, including automatic license suspension. For a first refusal you will lose your license for 6 months. Subsequent refusals get harsher penalties and longer suspension periods. These are administrative penalties in addition to any criminal charges you may face.
Legal Rights and Responsibilities
Drivers have rights when asked to take a BAC test. They must be told of their rights and the penalties for refusal by the law enforcement officer. But once told, refusal results in immediate penalties and the refusal itself can be used as evidence in DUI cases.
DUI Consequences
Refusing a BAC test can hurt your case in court. Prosecutors will use the refusal as evidence of your consciousness of guilt. And the refusal triggers automatic administrative penalties, making your situation even more complicated with potential DUI penalties.
When Implied Consent Applies
Traffic Stops
Implied consent applies mostly during traffic stops where a law enforcement officer suspects a driver of being impaired by alcohol or drugs. During these stops, officers may also conduct field sobriety tests to assess impairment. When an officer stops a vehicle they may ask the driver to take a breath, blood or urine test based on their observations and evidence of impairment. Since by driving on South Carolina’s roads you have given implied consent you are legally required to comply with the request.
Accidents and Incidents
In addition to traffic stops, implied consent also applies to traffic accidents and incidents. If a driver is involved in an accident resulting in injury, death or significant property damage law enforcement can require chemical testing. This ensures the drivers responsible for accidents are held accountable if impairment was a factor.
Officer’s Discretion
Implied consent also applies at the officer’s discretion. Based on the situation of each case the officer can decide which type of test—breath, blood or urine—is most appropriate. The type of test may depend on the driver’s condition, the availability of testing equipment and the nature of the impairment.
Immediate Enforcement
Once an officer decides a chemical test is needed implied consent requires immediate compliance. Drivers cannot delay or negotiate the test. Immediate enforcement is important to get an accurate and timely BAC or drug level measurement which can impact the outcome of DUI cases.
Penalties for Refusal
First Refusal
Refusing a chemical test for the first time has big consequences in South Carolina. If a driver refuses a breath, blood or urine test during a traffic stop or after an accident they will lose their license for 6 months. This is an administrative penalty and is separate from any criminal DUI charges that may arise in a DUI case.
Subsequent Refusals
Penalties get harsher for drivers who refuse testing multiple times. A second refusal results in a longer suspension of driving privileges usually 1 year. Each additional refusal gets progressively worse penalties as the state is trying to deter repeated non-compliance with implied consent.
Other Legal Consequences
In addition to license suspension, refusing a chemical test can have other legal consequences. Refusal can be used as evidence in court, which can strengthen the prosecution’s case in a DUI trial by suggesting a higher blood alcohol content. This can result in additional fines, educational programs or community service ordered by the court.
Driving Record
A refusal to take a chemical test is recorded on the driver’s driving record. This can have long term effects including higher insurance premiums and difficulty getting certain types of jobs that require a clean driving record. The mark of refusal can stay on the record for several years and can affect the driver long after the suspension is over.
Legal Help
Since the penalties for refusal are so severe it’s recommended that drivers seek legal help if they find themselves in this situation. A DUI attorney can guide you through the legal system, possibly mitigate some of the consequences and protect your rights throughout the process.
Legal Rights and Obligations
Driver’s Rights
Drivers in South Carolina have rights when subjected to a chemical test under implied consent. When stopped and asked to take a breath, blood or urine test drivers have the right to be told by the law enforcement officer of their duty to comply. They must also be told of the consequences of refusing the test including license suspension and refusal being used as evidence in court.
Notification
Law enforcement officers must notify drivers of their rights and the consequences of refusal before administering a chemical test. This is an important step to make sure drivers are aware of the legal implications of their decision. The officer must clearly tell the driver that refusal will result in immediate penalties regardless of the outcome of any DUI charges.
Compliance Duty
Under implied consent drivers are legally required to comply with the officer’s request for a chemical test. This duty is automatic and is a condition of driving on South Carolina roads. Failure to comply results in administrative penalties such as license suspension which are imposed quickly to keep the roads safe.
Due Process
Although the penalties for refusal are severe, drivers are entitled to due process. They can challenge the suspension and any additional penalties through administrative hearings. During these hearings drivers can present evidence and argue their case to possibly mitigate the penalties imposed.
Legal Help
Since implied consent law is so complex and serious drivers are recommended to seek legal help if they are asked to take a chemical test or refusal penalties. A lawyer can guide you through the legal system, protect your rights and provide a strong defense to minimize the consequences.
Contact an Experienced Greenville DUI Lawyer Today!
Understanding implied consent law is important to know your rights during a test for suspicions of a DUI. An experienced Greenville DUI attorney can guide you through the complexities of these laws so you know exactly what to do.
Don’t hesitate to contact us today for a free case review at 864-630-8503!
