Refusing a Breathalyzer Test in South Carolina

In Lexington, South Carolina, all drivers are subject to the implied consent laws of the state. This means that they cannot refuse to submit to a chemical test if a law enforcement officer suspects that they have been driving under the influence—including breath, blood or urine tests—without agreeing to accept the penalties of a refusal. Additionally, refusing to submit to sobriety testing does not necessarily mean that they will not still be arrested and charged with a DUI offense. For this reason, you may be better off cooperating with a law enforcement officer's requests, regardless of the subsequent results, and then challenging the evidence at a later time. Failing to do so could mean that you will end up facing harsher penalties in the end, including a suspended driver's license, mandatory fines and jail time.

In fact, the penalties for a first-time breath, blood or urine test refusal could result in a $400 fine, up to 30 days in jail and/or mandatory community service hours. Although the state may have a harder time proving that you were, in fact, driving while intoxicated at the time of your arrest, they may concurrently argue that your lack of cooperation is an indication of your guilt. As such, it is highly recommended that you get in touch with a Lexington DUI defense attorney as soon as you have been arrested and charged with a crime, whether or not you have submitted to chemical testing. Your legal representation will be able to take the appropriate steps to combat a conviction and/or fight for the reinstatement of your driver's license at a DMV hearing—if you were issued a Notice of Suspension at the time of your arrest.

By taking the time to thoroughly investigate the evidence involved in your case, our firm will be able to challenge any inconsistencies that arise—including uncertainties about the functionality of the testing equipment, the way in which a chemical test was administered and/or the manner in which the samples were tested and handled. For this reason, you should waste no time in contacting the legal team at the Law Office of James R. Snell, Jr., LLC. Even if you have refused to submit to chemical testing, we are available to fight on your behalf during your upcoming criminal trial. To get started, simply call our office at (888) 301-6004. The initial consultation is free, so do not hesitate to take the first step today. Just remember that you have a limited amount of time to devise a solid defense strategy in your favor, so the sooner you take action, the sooner we can get started on protecting your freedom.

Categories: DUI
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