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Building a case for license restoration after breath test refusal

In the immediate term, loss of a driver's license is probably is the consequence for drinking and driving that affects people most on a day-to-day basis. Certainly, having a mark on a criminal record is something that can follow a person for a lifetime, but being unable to legally drive for at least six months can have devastating consequences.

Our blog post published on June 6 discussed tactics used by police in response to breath test refusal. One aspect of this issue that wasn't explored at length is driver's license suspension. In addition to fighting driving under the influence charges that result from a blood test, it may also be important to respond to the license suspension that result from breath test refusal.

After refusing a breath test for blood-alcohol concentration, individuals have an administrative hearing with the state Department of Public Safety. During this time, it may be possible to have a license reinstated early.

Knowing that many South Carolina residents rely on a car to get to work, especially those who live in rural parts of the state, being without a car can be financially costly. Of course, this doesn't even begin to cover the social stigma attached to drunk driving and license suspension.

Our firm understands how costly it is to lose a driver's license -- no matter how long the suspension lasts. Just as individuals are entitled to a defense to answer criminal charges in court, defendants can have representation in administrative license hearings.

Establishing a strong case for license reinstatement isn't an easy task, given the nature of the state's implied consent and DUI laws. This is not to say that it isn't possible to find success during a hearing, however. It takes experience and skill.

Source: To learn more, please see our firm's driver's license reinstatement page.

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