South Carolina has strict driving under the influence (DUI) laws, and the consequences can be severe. If a police officer pulls you over on suspicion of driving under the influence, you may feel a surge of panic. Knowing your rights is crucial in these moments, especially when it comes to a decision like refusing a breathalyzer test.
South Carolina operates under “implied consent” laws. This means that if you drive a vehicle on the state’s roads, you have already agreed to submit to testing if a police officer suspects you are driving under the influence. You can refuse a breathalyzer test in South Carolina. Refusal, however, can lead to serious consequences.
In this blog post, we will cover your legal options, and help you understand whether refusing a breathalyzer is a good idea and what it could mean for your DUI defense case.
South Carolina’s Implied Consent Law
In South Carolina, when you get behind the wheel, you agree to more than just following traffic laws. You also agree to what is called “implied consent.” In fact, if you have a got a South Carolina driver’s license, you have already signed the implied consent law.
So, you have essentially agreed to submit to a breath, urine, or blood test if a police officer has lawfully arrested you for driving under the influence. If an officer pulls you over and suspects you have alcohol or drugs in your system, they may ask you to take a breathalyzer test.
However, the officer cannot just pull you over and force you to take the test. They must have a valid reason to pull you over. Erratic driving, running a red light, swerving, and speeding are some of the valid reasons for pulling over someone. In short, the arrest has to be legal.
Can You Refuse a Breathalyzer Test?
So, can refuse a breathalyzer test in Aiken, South Carolina? Yes, technically, you can. However, you cannot just “no” and drive off. It is, therefore, important to know what this refusal means.
Remember, there is a difference between a field sobriety test and a formal breathalyzer test.
The officer conducts a field sobriety test on the side of the road. They can ask you to follow their finger with your eyes, walk in a straight line, or stand straight while placing your finger to your nose.
Field sobriety tests happen before arrest. You can refuse them without immediate penalties. You are actually within your rights to refuse them. However, if you refuse them, the officer may get suspicious and arrest you anyway. The officer can also arrest you based on other observations, such as the smell of alcohol or slurred speech.
A formal breathalyzer test, on the other hand, is tied to South Carolina’s Implied Consent Law. So, if you are arrested, you will be asked to take the official breathalyzer test. Refusing this test will not help you avoid trouble. In fact, refusing it comes with some serious consequences.
Consequences of Refusing a Breathalyzer Test
If you refuse to take the breathalyzer test after being lawfully arrested in Aiken, the penalties start stacking up.
Firstly, your driver’s license will be automatically suspended for 6 months. You will lose your driving privileges for six months the first time you refuse to submit to a breath, urine, or blood test. However, if you have refused before, you could lose your driving privileges for more than 6 months.
Secondly, you may have to install an Ignition Interlock Device (IID) on your vehicle. So, you will have to blow into the device every time you want to start your vehicle. Plus, you will be responsible for the cost of installing, renting, and maintaining the IID device.
Thirdly, you could face additional fees and penalties. The state wants to punish you for your refusal. That is why they will make sure you feel the weight of your decision. One of the best ways to do just that is by hitting your wallet. You will, therefore, have to pay additional fees and penalties.
Lastly, refusing a breathalyzer test can hurt your criminal case. You probably just want to keep evidence out of court. That is why you are refusing a breathalyzer. However, prosecutors may use your refusal as evidence against you. They can argue that if you refused, you must have had something to hide.
Are There Any Legal Defenses for Refusing a Breathalyzer?
Yes, there are legal defenses for refusing a breathalyzer test. So, refusing a breathalyzer test is not an automatic defeat. In some cases, your refusal might even work in your favor. Here are the situations where your refusal could be contested:
Improper Police Procedure
One potential defense is if the police officer did not follow proper procedure. For example, if the officer did not explain the consequences of refusing the test, your criminal defense lawyer could argue that you were not properly warned. Police officers must adhere to a set of rules. And if they mess up, you can challenge the refusal.
Lack of Probable Cause for the Stop
The traffic stop itself must be lawful. If the police officer did not have a valid reason to pull you over in the first place, then your refusal might not be admissible in court. A police officer cannot just pull you over for no valid reason. They need probable cause, such as a traffic violation or erratic driving, to pull you over.
Health or Medical Reasons Preventing a Proper Test
Health issues could come into play. Why? Because various medical conditions may prevent some individuals from properly completing a breathalyzer test. So, if a medical condition prevents you from properly completing a test, your criminal defense attorney could argue that your refusal was not intentional.
It is, however, not easy to fight a refusal. You will need to have strong legal representation. We highly recommend looking for an experienced and skilled criminal defense attorney who knows the ins and outs of DUI laws in Aiken, SC.
A good attorney has the experience and skills to spot procedural errors or weak points in the prosecution’s case. Looking for the right criminal defense attorney in Aiken? Contact us at (803) 649-5338 to book a free consultation with a criminal defense lawyer from Johnson, Johnson, Whittle, Lancer, and Staggs (JJWLS).
What Happens if You Do Take the Test and Fail?
If you decide to take the breathalyzer test and fail, you could be facing severe penalties, including hefty fines, license suspension, and the potential for an Ignition Interlock Device. The penalties will depend on your blood alcohol concentration (BAC).
However, breathalyzer results are not foolproof. That is why you can challenge the results in court. How? These devices must be calibrated and maintained properly. And police officers must be properly trained to use them. So, if the officer makes an error during the arrest or the device is not working properly, you can challenge the accuracy of the results.
You will need a skilled criminal defense lawyer to help you challenge the accuracy of the results. Your lawyer will dig into the circumstances surrounding your arrest and the breathalyzer tests to find weak points. Your lawyer will poke holes in the DUI case to reduce your penalties or even get the DUI charges dropped altogether.
Contact Johnson, Johnson, Whittle, Lancer, and Staggs to Handle Your DUI Case
You are probably thinking that refusing a breathalyzer test can help you avoid a DUI charge. However, it can backfire. In fact, you risk heavy fines, driver’s license suspension, and potential jail times. Plus, your refusal can be used as evidence against you in court. The consequences can completely change the direction of your life.
If you are facing a DUI arrest in Aiken, SC, do not wait. Hiring a skilled criminal defense lawyer can make a big difference in your DUI case. A skilled lawyer knows how to navigate the legal system and challenge evidence, such as a breathalyzer refusal, to protect your rights.
Do not try to go through this alone. At Johnson, Johnson, Whittle, Lancer, & Staggs, we will provide the guidance and representation you need to fight DUI charges and get the best possible outcome. We are dedicated and committed to protecting your rights and freedom. We can help you and your family move forward with your lives.
Reach out to us today through (803) 649-5338, and let’s get started.
