What Happens If I Refuse the DUI Breath Test

What happens if you refuse to provide a breath sample following your DUI arrest in South Carolina?

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 sample following your DUI arrest, your license will be suspended automatically for six months. This is referred to as implied consent law, and that means that anyone that drives a motor vehicle in the state of South Carolina has impliedly consented to providing a breath sample following a DUI arrest. And a refusal to do so results in an automatic suspension of your license.

What You Need To Do That Will Help

So let’s talk about what you need to do next that’s going to help you. You can challenge that suspension and you’d want to do this because once you get notice of that administrative hearing to challenge that suspension, you can take that notice to any local DMV and request what’s called a temporary alcohol license. Once you get that license, you can drive in the state of South Carolina, day or night, unrestricted until that administrative hearing has been held and a decision has been made. But time is of the essence when you get this suspension. You have only 30 days from the date of your arrest to request that administrative hearing or you lose that right. Now the way that you request that hearing is once you’ve been a arrested and refuse to provide a breath sample, law enforcement will give you a blue notice of suspension form. On the back of that form in the very top paragraph, you fill out the information there along with $200 and mail that off to the DMV.

Charleston, SC DUI Attorney

Once you get notice of that administrative hearing, you then take that form to any local DMV and request a temporary alcohol license and you should be able to walk out of the DMV that day with a license to drive. If you have any further questions about license issues regarding your DUI arrest, please give me a call at 843-530-7813. I hope this video was helpful and thanks for watching.

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