Implied Consent When Refusing Columbia DUI Alcohol and Drug Tests

It dictates that they have already agreed to by driving on South Carolina roads. By having a South Carolina driver’s license, they have agreed to take these tests. If there is a refusal, there are consequences that go along with it. The implied consent rights must be read to a criminal defendant prior to being offered any of these tests because it could affect their ability to drive.

Implied consent can certainly be applied to urine tests and blood tests. The United States Supreme Court has given some favorable case law recently attacking warrantless blood tests, but part of the implied consent rights is that it is not limited solely to alcohol and the breath test. It could easily be used for and often is used for urine tests as well and blood tests for that matter. If an individual wants to know more about implied consent when refusing Columbia DUI alcohol and drug tests, they should speak with a skilled DUI lawyer. An attorney could explain the potential consequences of refusing DUI tests, and how implied consent can impact those consequences.

Probability of Making a Successful Argument Against Implied Consent

The chances of making a successful argument against implied consent, vary on a case-by-case basis. It depends on the facts of the case. Anybody could give a person a blank statement regarding that issue. They need to have all the facts and evidence in front them to properly advise that person. It is difficult to give a percentage likelihood of success, but there is an idea of the case having a lot more merit and being able to assess the strengths and weaknesses.

What Happens if Someone Refuses Testing

If someone refuses a breath or blood test for the first time, they face six-month suspension of their license. The reason being, that they are violating the terms of implied consent when refusing Columbia DUI alcohol and drug tests. Then, depending on whether they are convicted, it could result in much harsher penalties down the line and trying to get their driver’s license back as far as the collateral consequences of the refusal. If it is a separate DUI and not related, they are able to challenge the suspensions through the administrative local court at the office of Motor Vehicle hearings.

The refusals can have a bigger effect if a person is, or has been convicted of a DUI. If they refuse testing and they have been convicted of a second or third offense, the penalties on the criminal side and not the administrative side are enhanced with every conviction. The person faces even tougher administrative laws from the DMV, the Department of Motor Vehicles, to try and get their license back. The requirements get higher and higher. By the third time, they would have to petition the court to get their driver’s license back or possibly get their driver’s license revoked.

Conditions of Getting a License Back

When a person refuses to take the implied consent to a breath test as part of getting their license back, they have to agree to take the Alcohol Drug Action Safety Program or the ADSAP. They have to take that course if they want to get their driver’s license back. It is part of the program and one of the requirements for them to satisfy to get their valid driver’s license back after a refusal.  If an individual wants to know more about implied consent when refusing Columbia DUI alcohol and drug tests, and how to get their license back following suspension for refusing testing, they should consult an accomplished DUI attorney who can help.