What Happens if You Refuse a Breathalyzer in South Carolina? [2024 Guide]

If you are pulled over in South Carolina and suspected of driving under the influence (DUI), law enforcement may request that you take a breathalyzer test. This request isn’t just a suggestion—it’s tied to South Carolina’s Implied Consent Law. Refusing the test can result in significant penalties, some of which can be more severe than those for a DUI conviction. Let’s take a detailed look at what happens when you refuse a breathalyzer in South Carolina, the legal consequences, and what your options are.

South Carolina’s Implied Consent Law: What Does It Mean?

The Implied Consent Law in South Carolina essentially means that by obtaining a driver’s license and operating a vehicle on South Carolina roads, you automatically agree to submit to chemical testing (breath, blood, or urine) if law enforcement suspects you are driving under the influence. This applies to all drivers, including out-of-state drivers passing through South Carolina.

 

– Implied Consent for Different Tests: While officers commonly request a breath test, you may also be asked to take a blood or urine test under specific circumstances, particularly if a serious accident is involved or if you are incapacitated.

Immediate Consequences of Refusing a Breathalyzer

Refusing to take a breathalyzer in South Carolina leads to automatic penalties, including the suspension of your driver’s license. The severity of the suspension depends on whether this is your first offense or if you’ve had previous DUI charges or refusals.

 

– First Refusal: A 6-month suspension of your driver’s license.

– Second Refusal: A 9-month suspension.

– Third or Subsequent Refusal: A 1-year or longer suspension period.

 

Law enforcement will typically confiscate your license on the spot and issue a temporary permit allowing you to drive for a limited period—usually 30 days—until the suspension officially begins.

Long-Term Consequences of Refusing a Breathalyzer

Refusing a breathalyzer isn’t just about immediate penalties. The decision can have long-term repercussions:

 

– Future DUI Charges: If you’re charged with DUI later on, the refusal can be used as evidence against you. Prosecutors often argue that refusal suggests a guilty conscience or an attempt to hide impairment.

– Higher Insurance Rates: Insurance companies view breathalyzer refusal negatively, often leading to higher premiums. They may classify you as a high-risk driver.

– Employment Consequences: If you’re in a profession where driving is part of your job, refusal can jeopardize employment opportunities, particularly if a clean driving record is required.

What Happens After Refusing a Breathalyzer?

After refusing a breathalyzer, you will be arrested, booked, and likely detained in a local detention center, such as Alvin S. Glenn Detention Center in Columbia. You’ll need to follow the typical booking and release procedures, including a bond hearing. Within 30 days of your refusal, you can request an administrative hearing to challenge the suspension of your license. If you miss this deadline, your suspension remains in effect.

Penalties for Breathalyzer Refusal

The penalties for refusing a breathalyzer vary based on whether you are an adult driver or under the age of 21, as well as whether you are a first-time or repeat offender:

 

– Drivers Under 21: Under South Carolina’s Zero Tolerance Law, drivers under 21 face penalties for a BAC as low as 0.02%. Refusing a breath test under this law may result in even stricter penalties, including automatic license suspension for up to 6 months for a first refusal.

– Repeat Offenders: For those with multiple DUI charges or refusals, penalties escalate rapidly. Repeat offenders may face longer suspensions, mandatory participation in alcohol education programs, and even jail time if the refusal is linked to an accident involving injuries.

  

If the refusal occurs after a serious accident, you may also face additional criminal charges, including felony charges if injuries or fatalities were involved.

Legal Rights When Refusing a Breathalyzer

You do have certain rights during a DUI stop, but these rights come with limitations:

 

– Right to Refuse: You can refuse the test, but the consequences, including license suspension, begin immediately.

– Right to Contact an Attorney: You have the right to request legal counsel, although this might not stop the officer from requesting the breath test before you contact your lawyer.

– Miranda Rights: Miranda warnings are typically provided after arrest, but they don’t need to be given before requesting a breath test.

 

Defenses for Breathalyzer Refusal Cases

If you’re charged with refusing a breathalyzer, several defense strategies can be employed to mitigate the consequences:

 

– Challenging the Traffic Stop: A skilled attorney may question whether the officer had probable cause to pull you over in the first place.

– Improper Procedure: If law enforcement didn’t properly explain the consequences of refusing the test or failed to administer the Implied Consent Warning correctly, your case could be dismissed or reduced.

– Testing Errors: Issues with the accuracy of testing equipment or the officer’s training can also serve as a defense.

Can You Be Convicted of DUI Without a Breathalyzer?

Even without a breathalyzer result, you can still be convicted of a DUI in South Carolina. Police reports, field sobriety tests, witness testimony, and dash cam footage can be used as evidence. However, the lack of breathalyzer results makes it more difficult for the prosecution to prove intoxication beyond a reasonable doubt.

Challenging a License Suspension for Refusal

To challenge your license suspension after refusing a breathalyzer, you must request an administrative hearing with the South Carolina Department of Motor Vehicles (SCDMV) within 30 days of the refusal. At this hearing, you’ll have the opportunity to argue procedural errors or contest the legality of the traffic stop.

Recent Legislative Changes

South Carolina periodically updates its traffic laws, and changes in DUI or refusal laws can have significant impacts. Staying informed about recent or proposed legislative changes can help you understand the current legal landscape and penalties for breathalyzer refusal.

 

Refusing a Breathalyzer and CDL Holders

If you hold a Commercial Driver’s License (CDL), the consequences of refusing a breathalyzer are more severe. A refusal can lead to disqualification from operating commercial vehicles, impacting your ability to work. The penalties apply even if you were driving a personal vehicle when the refusal occurred.

 

Conclusion: How to Navigate a Refusal Case

If you refuse a breathalyzer in South Carolina, it’s essential to contact a skilled DUI attorney immediately. A qualified lawyer can help you navigate the administrative process to contest your license suspension and may also defend against the DUI charges in court. Local knowledge of South Carolina’s courts, including Richland County or Lexington County, can significantly improve your chances of mitigating the consequences.

 

Key Takeaways:

– Immediate license suspension follows refusal of a breathalyzer test.

– The refusal can be used as evidence of guilt in future DUI cases.

– Commercial drivers face harsher penalties for refusal.

– You have 30 days to request an administrative hearing to challenge the suspension.

 

By fully understanding South Carolina’s Implied Consent Law and your rights, you can make informed decisions if stopped for suspicion of DUI. If you’ve already refused a test, hiring a local attorney is crucial to minimizing the damage to your driving record and future prospects.