Drennan Law Firm Drennan Law Firm Dui & Traffic Law Center
843-352-4149 Free Consultation
COVID-19 Notice: Drennan Law Firm is fully operational in accordance with safety regulations provided by the CDC and local health officials. Our attorneys continue to provide quality legal representation and are available to discuss your case over the phone, email, or Apple FaceTime.

Breath Test Refusal Archives

What is a route restricted license?

A route restricted license allows someone whose license has been suspended to drive to and from his or her place of education, education, Alcohol and Drug Safety Action Program classes or a court ordered drug program. It is only for those who have a non-commercial license and it is for the length of the driver's license suspension.

Mayor arrested after refusing to take a breath test

Many South Carolina readers were surprised to learn that the mayor of a South Carolina town was arrested last month and charged with drinking and driving. Although the arrest took place in late November, news reports did not surface until well into December. According to police records, McColl Mayor George Ray Grier was arrested and charged with driving under the influence after refusing to take a breath test.

Breath test cases can be difficult, but not impossible to win

Drunk driving is a serious matter in South Carolina, and it is something that is not taken lightly by local law enforcement. Those suspected of DUI are often subjected to a variety of tests which may include the standard field sobriety tests, breath and/or blood-alcohol tests. When reviewing breath test results, many may feel they are indisputable, but that is far from the truth.

Judge rules breath test inadmissible for drunk driving trial

When a person has been pulled over on suspicion of drunk driving, it is imperative to that driver's rights that law enforcement ensure all evidence represents a fair and impartial investigation. There are many tools that South Carolina police may use to determine whether a driver may be impaired, including the various types of breath test machines. In a recent case, the results of one of these devices was questionable enough to be ruled inadmissible.

Testing the limits of South Carolina's implied consent law

As we've covered before, South Carolina has an implied consent law on the books, much like other states. In short, this means that anyone who operates a motor vehicle within the state has implicitly agreed to submit to a breath test at the request of police officers. If a person is pulled over and a cop suspects that he or she has consumed alcohol, a subsequent breath test can be refused. However, this choice generally leads to an automatic administrative driver's license suspension.

How is 'refusing' a breath test defined in South Carolina?

The idea of what it means to refuse to take a breath test seems pretty clear cut. During a roadside stop, a person could either comply with the police officer's request or indicate that he or she doesn't want to take the test. Those seem like the two discrete options, right?

Columbia Police Department analyst refuses to take a breath test


There are serious consequences for South Carolina drivers who operate a motor vehicle while under the influence of alcohol. If a driver is suspected of driving while intoxicated, the authorities may employ a breath test to determine the blood alcohol level of the accused. Consenting to these tests is not mandatory -- as one such instance shows -- but those who refuse to take a breath test can face another set of legal issues.

Former South Carolina treasurer allegedly refused breath test


Previous postings in this blog have discussed the potentially reputation-damaging impacts that a DUI can have on an individual who is famous or is a public figure. Even if the person is no longer is a highly-visible position, it is not uncommon for them to still be scrutinized if they are charged with driving under the influence of alcohol.

Breath test results may be inconsistent

Several months ago in our Charleston DUI Law Blog, we discussed problems with the accuracy of breath tests, which measure blood alcohol content, in Washington, D.C. In that case, the breath tests were actually taken out of the field altogether when inconsistencies were reported with several of the devices.

Call Drennan Law Firm — Free Initial Consultation

Speak with a Charleston criminal lawyer today who will work with you directly, one-on-one.
Please call us at 843-352-4149 or email us to schedule a meeting or for prompt legal assistance.

Email Us 24/7 For Fast Answers

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Main Office
1350 Chuck Dawley Blvd
Mt. Pleasant, SC 29464

Toll Free: 888-722-6179
Phone: 843-352-4149
Phone: 843-606-2970
Fax: 843-606-2971
Mt. Pleasant Law Office Map

Branch Office
Local: 843-352-4149
Toll Free: 888-722-6179