After being pulled over for drunk driving, a police officer will automatically ask you to take a breathalyzer test. You have the right to refuse the test. However, you should know the consequences of doing so.
If you have a driver’s license, you are subject to your states’ laws relating to implied consent. This means that you have given consent to a chemical test if suspected of drunk driving. These tests include breathalyzers, as well as blood and urine tests to check blood alcohol level.
South Carolina Drivers
If you refuse to consent to a chemical test in South Carolina, your driver’s license will be automatically suspended for six months. In addition, you will have to complete the Alcohol Drug Safety Action Program (ADSAP) to assess your alcohol and/or drug dependency.
You can challenge the suspension of your driver’s license by applying to the Administrative Law Court’s Office of Motor Vehicle Hearings for a hearing within 30 days of your license suspension. You can also request a temporary driver’s license until your hearing takes place. However, even if the suspension is reversed, you can still lose your driver’s license if you are convicted on the DUI charges.
North Carolina Drivers
If you refuse to consent to a chemical test in North Carolina, your driver’s license will be automatically suspended for up to one year. After six months of the license suspension, you can apply for a limited driving privilege.
Should I Refuse the Breathalyzer Test?
By refusing the breathalyzer test, the police will not have solid evidence to prosecute you of driving under the influence. However, even without this evidence, you can still be convicted of a DUI. The fact that you refused a breathalyzer test can be used as evidence of driving under the influence.
Being charged with a DUI can be a scary process to go through alone. Please remember you can schedule a consultation with an attorney at King Law if you are faced with a DUI charge and find out what we can do to help you today. Call 888-748-5464 (KING) to schedule your appointment or complete the request consultation form on our website.