If you’re ever pulled over for a DUI suspicion in South Carolina, one question you might ask yourself is, Can I refuse a breathalyzer test? While you technically have the right to refuse, it’s essential to understand the consequences.

South Carolina operates under implied consent laws, which means that by driving on the state’s roads, you’ve already agreed to submit to a chemical test if requested by law enforcement. So, even though you have the right to refuse, doing so triggers automatic penalties.

The Risks of Refusing a Breathalyzer Test

Refusing a breathalyzer test may seem like an easy way out, but the consequences are far-reaching. Here’s what could happen if you choose to refuse:

  1. Immediate License Suspension: Under South Carolina’s implied consent law, refusal leads to an automatic license suspension. The duration can vary, but it’s typically at least 6 months for a first offense and up to 1 year for subsequent offenses. This suspension occurs regardless of whether you were intoxicated or not.
  2. Increased Penalties if Convicted: If you refuse a breathalyzer, prosecutors and law enforcement may argue that you were attempting to hide evidence of your intoxication. This could make your case more complicated and result in harsher penalties if you’re convicted of DUI. The lack of breathalyzer evidence means the prosecution will rely on other factors, like field sobriety tests, police observations, and witness testimonies.
  3. No Evidence for Defense: While refusing a breathalyzer might delay evidence gathering, it also takes away any potential defense. If you take the test and pass, there’s a chance you might avoid a DUI conviction. But if you refuse, the prosecution can still charge you with DUI based on other evidence, such as erratic driving or physical signs of intoxication.

What Happens If You Take the Breathalyzer Test?

Taking the breathalyzer test can feel daunting, but it provides clear evidence of your BAC (blood alcohol content). If your BAC is over the legal limit (0.08% in South Carolina), you may face DUI charges, but the test results provide clarity and evidence of your condition. This can potentially help you prepare a defense.

If you refuse a breathalyzer, the authorities will rely more on circumstantial evidence, sometimes leading to more severe charges.

What Should You Do If You’re Pulled Over?

If you’re pulled over for suspicion of DUI, knowing your rights is important. Remember, you are not required to perform field sobriety tests, though refusing them may lead to a DUI arrest. However, when it comes to the breathalyzer test, refusing can lead to harsher legal consequences. If you are in this situation, it’s best to consult a DUI attorney as soon as possible to discuss your options.

Trust the DUI Lawyers at Leffew Law Firm in Charleston, SC

While you have the legal right to refuse a breathalyzer test, it is important to weigh the potential consequences. Refusal can lead to automatic license suspension, harsher penalties if convicted, and the loss of necessary DUI defense evidence. If you’ve been arrested or are facing DUI charges, reaching out to an experienced DUI attorney is crucial to protecting your rights and navigating the legal process.

If you need help with a DUI case or any legal matter, don’t hesitate to contact Leffew Law Firm for reliable guidance and support from a dedicated DUI lawyer.