If police pull you over and suspect you are intoxicated, you will likely be asked to take a breathalyzer test. For various reasons, many drivers think it’s a good idea to refuse this test. They may take offense at being accused of a DUI or simply bristle at the idea of cooperating with police.
Regardless of why, choosing not to take a breathalyzer test will have serious and immediate consequences. A Greenville DUI lawyer explains.
You Already Gave Implied Consent to a Breathalyzer Test
By obtaining a driver’s license in South Carolina, you give implied consent to a breathalyzer test. Police therefore have the right to administer the test if they suspect you are driving under the influence of alcohol. There are no exceptions to the implied consent.
If you refuse to perform the test, the consequences are serious and immediate. Your license will automatically be suspended for six months if this is the first time you’ve refused a test. This is a mandatory requirement so you will instantly lose your driving privileges. If this is the second time you’ve refused a test, the suspension is for nine months.
Although you can request special permission to drive, obtaining it will take time. Meanwhile, the suspension happens right away. Plus, you can expect to be required to take an alcohol safety program at your own expense.
Law Enforcement Can Still Obtain Evidence Against You
Depriving the police of a breathalyzer test is not a magic bullet to defeat DUI charges. There are other means available for proving your guilt. For example, there may be dashcam or body cam footage of you that depicts you in an intoxicated state. Police can also obtain a warrant to draw blood from you before your body metabolizes the alcohol.
You will certainly not be doing yourself any favors in the eyes of the judge or prosecutor. When it comes to sentencing, judges tend to take a harsher view against defendants who refused the test. And prosecutors likely won’t negotiate a plea bargain with you. Even if they do, the terms of the plea bargain will likely be harsher than had you taken the test.
Legal Options You May Have
If you’ve already refused the breathalyzer, all is not necessarily lost. First, as mentioned above, an attorney can help you obtain special driving privileges for work and other needs. You may also be able to challenge the legality of the traffic stop in some circumstances. For instance, it could be possible to show that police didn’t have the reasonable suspicion required to pull you over.
There are ways to challenge the results of the breathalyzer test. Not all breathalyzer devices are reliable or properly calibrated, for instance. Plus, the officer who administered the test may have done so incorrectly due to a lack of training. There are even cases in which the officer who performed the test fails to appear in court.
All of these can work in your favor and may even result in the DUI charges being dismissed. You should discuss your options with a seasoned criminal defense lawyer.
Experienced Criminal Defense You Can Count On
You may have additional options depending on the exact circumstances of your case. That’s why the first step you should take after being charged with a DUI is to retain a lawyer. We are here to serve you by fully evaluating your case, examining the evidence, and protecting your rights.
We offer a free consultation for new clients, so call us at 864-523-7776 today!
