DUI is a crime in South Carolina and one of the most vital areas of DUI are blood alcohol tests. 

These tests identify the levels of alcohol in a motorist’s bloodstream and check if the limit of 0.08% has been breached. 

But what is the consequence of a refusal to take the test? Refusing a blood alcohol test means that you are facing severe legal repercussions that apply to your driving license as well as your criminal charges.

Well, in this post, we are going to look at the consequences of refusing a BAC test.

Implied Consent Law of South Carolina

If you get a driver’s license in South Carolina then you are deemed to have consented to the implied consent law in the state. 

This means that if ever you are lawfully stopped by the police and suspected of driving under the influence, you are mandated to take a breath, blood, or urine test. 

It is important that this law allows the police to determine whether drivers are under the influence of any substances to reduce the number of accidents on the road. Failure to implement this law attracts immediate consequences which we shall discuss next.

Consequences of Refusal to Undertake a Blood Alcohol Test

If you refuse blood tests there will be some consequences you will face:

  • Immediate Penalties

Failure to submit to a blood alcohol test also has automatic administrative consequences under South Carolina law

If this is your first refusal, your driver’s license will be taken away for the next six months. If there is a second refusal or if there are other subsequent violations, the suspension period extends considerably.

When your license is suspended, you may obtain a temporary alcohol license which enables one to drive under certain circumstances while waiting to be called for a hearing. However, it may take a lot of time and effort to do it and can be quite a process at times.

  • Penalties under the Criminal Code 

Failure to take a blood alcohol test may also have adverse effects on your criminal case as well. 

Counsels can use your failure to submit to a search as proof of guilt since you were likely to act in a way that concealed something unlawful. 

Furthermore, other consequences may also arise in case one gets a DUI conviction, such as a large fine, high insurance premium, and reporting to an ADSAP.

Comparing Penalties: Test Refusal vs. Failing the Test

Most drivers think that a refusal to take a BAC test might assist them in avoiding a DUI conviction. But, of course, the fact that refusal can have serious consequences is quite often not less severe or even more severe than the consequences of failing a test.

For example:

  • Refusal penalties include license suspension at the time of refusal and other consequences in court.
  • If a person fails, the result is evidence against him/her in court but suspension periods may be less than for refusal.

Thus, considering these options is possible only if you understand your case and the law well enough to make a proper comparison.

Legal Arguments for Refusing the Blood Alcohol Test

The refusal to take a test does not mean that a conviction cannot be obtained. An experienced DUI lawyer can easily dispute the circumstances of your refusal and build a case for you. Common defenses include:

  • Lack of probable cause

If the officer did not have any legal justification to pull you over, then, the test refusal could be thrown out.

  • Failure to provide proper warnings

It is the law in South Carolina that an officer must tell you what will happen if you decline. If this step is missed, your refusal may be declared invalid.

  • Procedural errors

Slight mistakes in the calibration of equipment or even in the administration of tests may reduce your chances.

A lawyer is always useful in pointing out these defenses and how to capitalize on them.

How Refusing the Test Affects Your DUI Case

There are several ways in which one complicates one’s case by refusing to take a blood alcohol test. First, refusal can be construed by the court and the jury as evidence of guilt. 

Furthermore, refusal may result in stiffer penalties such as long periods of license suspension, and higher fines.

But refusal also gives your defense attorney the chance to contest the material faced against you. 

Since there is no BAC result in this case, the prosecution will heavily rely on observations made by officers which are usually in most instances ambiguous.

How a South Carolina DUI Lawyer Can Help

Charges that can be given for refusing a blood alcohol test may be quite intimidating and this is where one needs to hire a DUI lawyer. 

They will:

  • Read through your traffic stop and arrest procedures.
  • Find out whether your rights have been violated or there was a procedural mistake made.
  • Come up with a defense plan that will reduce the effects of the facts on your life.

Our experienced attorney’s advice is the key to having a tough penalty or being able to handle it better.
If you have refused a blood alcohol test, consult Max Hyde Law Firm at (864) 804 6330 for a free consultation. Let us help you navigate South Carolina’s implied consent laws and work toward minimizing the consequences while protecting your rights.