So What Is Implied Consent?
South Carolina's Implied Consent statute states the following: "a person who drives a mоtоr vehicle in this State iѕ соnѕidеrеd tо hаvе given consent tо сhеmiсаl tеѕtѕ оf his breath, blооd, оr urine fоr the purpose of determining the рrеѕеnсе of аlсоhоl or drugѕ оr the combination оf аlсоhоl and drugѕ if arrested fоr аn оffеnѕе arising out of асtѕ аllеgеd tо hаvе been committed while the реrѕоn wаѕ driving a motor vehicle while under the influence of alcohol, drugѕ, or a combination оf alcohol and drugѕ." So what does this mean for Charleston drivers? If you are driving in South Carolina, pulled over by law enforcement and subsequently arrested for DUI, then by law you have already given what is called "implied consent" to blood, breath or urine tests for alcohol and drugs. Consequently, following an arrest for DUI in Charleston, refusal to submit to a DataMaster (breathalyzer) test will trigger automatic administrative suspension of your driver's license for a minimum of six months.
Refusing A Test
After an arrest for DUI in Charleston, the arresting officer must provide you with a written copy of the implied consent advisement and then also read the advisement to you. At that time, if you refuse the DataMaster (DMT) breath test, your driving privileges will be suspended for six months by the Department of Motor Vehicles. Your second refusal of a breath test in South Carolina will result in a nine month administrative suspension and subsequent refusals will continue to result in longer administrative suspensions.
Within thirty days of any administrative suspension of a South Carolina driver's license, the driver may request an administrative hearing. These hearings are limited in scope to matters such as whether the arresting officer had probable cause to arrest or detain you, whether the officer provided you with a written copy of the implied consent advisement and also read the advisement to you or whether you actually gave consent to the breath test.
Temporary Alcohol Licenses
Once I have filed your request for an administrative hearing, you will immediately be able to obtain a temporary alcohol license from the DMV. I begin the process of obtaining new clients temporary alcohol license immediately. This license will allow you to drive without any restrictions anywhere in South Carolina while the appeal of the administartive suspension is pending.
Call A Charleston DUI Attorney
Because the penalties for DUI in South Carolina are severe and can have a lasting negative impact on your life, it is important to contact a Charleston DUI attorney immediately following any arrest. If you are facing DUI charges in Charleston, call criminal defense attorney John W. Molony today and request a free consultation for a full review of your case and your legal options. When you retain John W. Molony Law Firm, LLC, you can expect to have an attorney who fights for you, listens to you, answers your phone calls and devotes the personal attention that your case requires. Conveniently located on James Island, John W. Molony Law Firm, LLC defends Charleston clients charged with DUI.
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