Refusal of DUI Tests in Lexington

South Carolina has a step-by-step process for which certain tests are offered in driving under the influence (DUI) cases. According to the South Carolina Code of Laws, the process starts with a breath test being offered. The types of tests to detect a DUI are breath, blood, and urine tests. South Carolina does not use a breathalyzer machine. The DataMaster DMT is used in South Carolina.

The law is specific in that unless someone is unconscious or has a serious mouth injury that prevents them from being able to provide a breath test, they must be first offered a breath test.

If the person refuses a breath test or they provide a breath sample that is a zero, but the officer believes they are under the influence of some type of other narcotic, the officer could offer for a urine test. The person might also be offered a blood test if they were in an accident and taken directly to the hospital.

A search warrant is required for a blood test when someone does not consent. When an individual is offered a breath test, they have the ability to ask for affirmative assistance and request the police to take them to the hospital for a blood test. The person has to pay for the blood test, but they can ask for a blood test to be done in addition to a breath test.

Read below to learn more about the refusal of DUI tests in Lexington. And if you have any questions, consult with an experienced DUI lawyer.

What is Implied Consent?

When someone refuses a breath, blood, or urine test, that triggers the implied consent law. By driving on a South Carolina road, the person has impliedly consented to take one of these tests. While they do have a right to refuse the tests, there is a penalty that comes with the refusal.

When an individual refuses to do a DUI test in Lexington, their driver’s license is suspended for six months. Once they have the notice of suspension from the date of their arrest, the person has 30 days to apply for a temporary alcohol license by requesting an administrative contested case hearing. They have 30 days from the date of the notice of suspension to pay the application fee with the Office of Motor Vehicle Hearings. If they do that, they are able to get a temporary alcohol license while the matter is pending. It is important to understand that when one refuses any of the implied consent tests, their driver’s license will be suspended for six months.

Arguing Against Implied Consent to the Courts

Making a successful argument against implied consent to the courts occurs during the administrative contested case hearing when one challenges the driver’s license suspension. Implied consent can also come into play in a criminal case as to whether the law enforcement officers properly followed the statute in offering the breath test.

These issues are involved when trying to make a motion to suppress or a motion to dismiss the breath results, the blood alcohol analysis report, and the results that come from that report. The chances of a successful challenge depend on each case because of the multiple variables. A decision is made on a case-by-case analysis and it depends on the specific facts of the individual case as to the strength of these arguments.

One of the things to challenge in the statute has specific requirements for how the breath test should be done. To offer the breath test, the individual should be notified that they are being audio or video recorded.

The person should have their mouth checked for any foreign objects or false teeth. They should be read their implied consent rights in full on a specific form. An implied consent form should be offered, not just read to the person out loud. They should be given a copy of the implied consent right form and offered an opportunity to sign it. The individual should have a 20-minute wait period known as the observation period, and then be offered the breath test.

The scope of the Office of Motor Vehicle Hearings’ contested case hearing is limited. Section 56-5-2951(F) of the South Carolina Code of Laws has a limited scope of the hearing for challenging the driver’s license suspension. As far as challenging the implied consent part, which is the relevant portion for the test, one of the things they look at is whether the person was given a written copy and verbally informed of their implied consent rights.

Justifiable Reasons for Refusing a DUI Test in Lexington

There are a few justifiable reasons for the refusal of DUI tests in Lexington. Some people have religious or medical reasons for refusing a breath test. They may refuse based on not having faith in the test even though they understand the refusal does have a punishment involved. If someone works at a place around chemicals or at a nail salon or they have diabetes or high blood sugar, those situations can get false positives on a test. If they are in a place where they could possibly give a false positive because of a certain medical condition, that is another reason that they have a justifiable reason to refuse. For more information about your rights, contact a skilled attorney today.