Implied Consent Alcohol Testing Comes With Driving Privileges
When you apply for and receive a driver’s license in South Carolina, you automatically consent to a future blood, breath or urine alcohol test, such as a breathalyzer, breath alcohol test, if requested by law enforcement. The consent is implied by holding a driver’s license in this state.
The primary purpose of implied consent is to permit law enforcement to request that a blood sample be taken by qualified medical personnel if a person is incoherent, unconscious or dead. Implied consent grants this authority without legal risk of violating personal rights.
However, if the person arrested for suspicion of driving under the influence is conscious, coherent, and able to provide consent, the officer must offer that person a breath test—to be performed within two hours of arrest—and inform them of their right to refuse. (The same stipulation applies for a urine test for suspicion of driving under the influence of drugs.)
Refusing a Breathalyzer and Other Rights
The arresting officer is tasked with a list of rights you must be informed of throughout your DUI arrest, which stem from the implied consent law.
The officer legally must inform you that:
- You have the right to refuse a breath alcohol or other test.
- Your driver’s license will automatically be suspended for six months, effective immediately, if you refuse to provide breath, blood, or urine samples. (The arresting officer must also issue a notice of suspension to you, marking the effective suspension date as the alleged violation date.)
- A refusal to take a breathalyzer, etc., may be used against him or her in court.
- You can request an administrative hearing, known as an “implied consent” hearing, within 30 days of your arrest.
Learn more about DUI arrest procedures set forth in the South Carolina law.
Contact a DUI Defense Lawyer 803-262-4800
DUI defense lawyers at the Strom Law Firm, LLC provide a free consultation to discuss the facts of your DUI arrest. Call us today at 803-252-4800.
