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What you must know about refusing a breath test

You always have a right to refuse a breath test if you are pulled over for a DUI. However, some people throw this information around as if refusing will get you out of the whole thing without any penalty, and this is not the case. If you have been told never to take breath tests, there are a few things that you should know about exactly what this refusal is going to mean.

First and foremost, South Carolina has what is known as an implied consent law. This means that by driving on South Carolina's roadways, you give your implied consent to take a blood or breath test if you are arrested. If you refuse to give your explicit consent when you are arrested, the law also states that there are penalties that will automatically go into effect. These penalties include:

-- The first time that you refuse the test, you are going to lose your license for a period of six months.

-- The second time that you refuse, you will lose it for nine months.

-- The third time that you refuse, your license is taken away for an entire year.

As you can see, there are still penalties even if you refuse a test and evidence of intoxication is not gathered. While you may have the right to refuse, it's important to note the ramifications of doing so, rather than assuming there will be none. If you'd like to learn more about this process, please contact us today.

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