What Happens if you Refuse a DUI Breath Test? Hi, my name’s Dale Savage and I’m a criminal defense attorney here in Charleston, South Carolina, and today we’re going to talk about what you can do once your license has been suspended following your DUI arrest. That’s right. If you refused to provide a breath …
In Birchfield v. North Dakota, the U.S. Supreme Court heard arguments on whether police need a warrant to perform a DUI blood test and held that the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving but not warrantless blood tests. The broader impact of this decision applies to those states that …
You’ve been pulled over by the police for suspicion of drink driving and they want you to provide a DUI breath test sample or blood sample. Is it a crime to refuse the DUI breath test or provide a blood sample without a warrant? Luckily in South Carolina the answer is no, but in many …
If you have been arrested for South Carolina DUI and had your license suspended, then you may qualify for a Temporary Alcohol Restricted License (TARL). To do this, you first must request a DMV administrative hearing within 30 days of the notice of suspension, which is separate and apart from the criminal charge. What is …
On Friday April 11, 2014 the South Carolina Senate passed Bill S.137 known as “Emma’s Law” which now will be sent to Gov. Nikki Haley who will almost certainly sign it into law. South Carolina DUI laws have changed since October 1, 2014. The newly signed Emma’s law is now in effect for persons convicted …
