- April 22, 2014
- by Milton Stratos
- Comments Off on DUI: What Happens if I Refuse Testing?
- posted in Criminal Law
South Caroliona DUI Laws: Implied Consent and Basic Rights
In the event you refuse to submit to a field sobriety test, or chemical tests of breath, blood or urine you will be subject to South Carolina’s Implied Consent law. Your license must be immediately suspended for at least 90 days. S.C. Code Ann. § 56-5-2950(a).
License Revocation Hearing
If your license is suspended you do have the right to an administrative hearing to challenge the suspension. The scope of the hearing is limited to whether you were (1) lawfully arrested or detained, (2) and/or whether you were advised in writing of your rights and refused to submit to testing. A successful challenge will result in a recession of the suspension. S.C. Code Ann. § 56-5-2951, 2951(F).
In the event you have been charged with a DUI it is in your best interest to consult an attorney immediately. Please feel free to contact a Charleston DUI lawyer at Stratos Law for a free initial consultation.