Many people are under the misconception that it is legal to refuse a breathalyzer test if requested of them. While laws vary from state to state, in South Carolina, it is illegal to refuse a breath test. This is in large part thanks to South Carolina's "implied consent" laws, which you can review more in-depth in South Carolina Code of Laws.
If you have ever been pulled over by law enforcement officers alongside a South Carolina roadside on suspicion of drunk driving, you may have been asked to submit to a breath test. Law enforcement officers use these breath tests to analyze your blood alcohol level and determine whether you are driving under the influence of alcohol. Since officers cannot take a blood sample to test the level of alcohol in your system on the side of the road, the breath test serves as an alternative. However, the readings received from breath test devices may not be accurate.
If you have been arrested for and charged with a drunk driving offense in South Carolina, you may be wondering if you will have to install and use an ignition interlock device. This is an understandable concern as these devices can be very expensive and all costs are your responsibility under the law. This includes the costs to have the system installed and eventually removed as well as any leasing and calibration fees along the way.
If a person has been arrested for a suspected drunken driving offense in South Carolina, they will want to get educated about their defense options and any potential penalties they could face if they are eventually convicted of an impaired driving charge. One penalty that may be associated with a driving under the influence charge is the required use of an ignition interlock device.
Residents in South Carolina who are arrested for suspected drunk driving should know that there are many factors that may contribute to the future outcome of their cases. Certainly evidence that may be used against them could include breath, blood or urine tests results showing a blood alcohol content at the time of their arrest. They may also have been asked to participate in field sobriety tests and these results may contribute to the case outcome.
When most people in South Carolina think about driving under the influence they think about drunk driving. Certainly, this is a huge danger to people every day yet it is not the only one they face. Drugged drivers also put innocent people at risk and may be charged with a DUI even if they have not consumed alcohol because drugs can impair a person to a point of rendering them unable to safely operate a vehicle.
When someone finds themselves in court over drunk driving, they may be unsure of how the charges will affect their future. There are many consequences associated with DUI charges and each person's situation is unique. For some people, such as those who have been charged with driving under the influence previously and teenagers who have not reached the legal drinking age, there are additional considerations. Underage drunk driving charges can be disastrous with regard to a young person's future and they can also bring a great deal of stress into a family.
If you are one of the many responsible citizens of South Carolina who has ever been questioned by law enforcement about potential drunk driving, you may well have been asked to submit to a breath test. The state does have what is called an implied consent law which means that anyone who accepts a driver's license in essence agrees to provide a breath sample when requested. However, this does not mean that every breath test is completely accurate or that a result over the 0.08 percent legal limit guarantees you will be convicted of driving under the influence.
People who live and work in South Carolina know that the state has some very tough laws in place regarding driving a motor vehicle after consuming alcohol. Most of the laws people are aware of pertain to individuals driving with standard licenses. When it comes to truckers and others with commercial driving licenses, there is an even greater level of oversight that everyone holding a CDL in South Carolina should be aware of.
The number .08 holds significance for many in Florence. That is the blood-alcohol concentration that is almost universally accepted as the standard for determining whether one is legally drunk. Like many of those that we here at the Parham Law Firm, LLC have worked with in the past, you probably assume that if that number is associated with your name, a DUI charge is forthcoming. South Carolina, however, is unique from several other states in the fact that the .08 BAC level is not exclusively associated with DUI.