South Carolina is a state that takes driving while under the influence (DUI) charges very seriously. If you are a driver who is currently facing this type of charge, you could find yourself dealing with heavy and severe penalties. Because of this, it’s important to know about DUI law basics. This includes implied consent laws.
What is an implied consent law, exactly? According to FindLaw, this law is applicable in every state. Under it, a driver implies that they consent to a breath analysis test, chemical tests, and field sobriety tests when they apply for their driver’s license. Though police officers cannot force you to take breathalyzer tests simply due to the nature of the test itself, your refusal does come at a cost.
The penalties for refusing to take these tests can vary from state to state. However, in most cases, it involves the threat of license suspension for a period of up to 12 months. These penalties can grow if you are convicted of a DUI, or if you have a past record of DUI-related convictions. It should be noted that in some cases, refusal to take a BAC or breath analysis test can actually result in even harsher penalties than a DUI conviction itself.
Despite that, many people still refuse to take these tests for different reasons. If you have refused to take one of these tests and are now facing the consequences, you may benefit from the aid of an experienced DUI attorney who can help by representing you in court.