Breath Test Refusal

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...

When you get pulled over by a police officer, the officer will usually look for signs of intoxication. If the signs appear to be there, then the officer will request that you take a breathalyzer test. This test will reveal your blood alcohol concentration (BAC)....

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...

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...

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...

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....

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,...

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...

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...

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...