DUI Defense
A Brief Overview of DUI Law
If an officer pulls a vehicle over because he suspects that the driver has been drinking and driving, he will first conduct several roadside field sobriety tests. The officer’s perception of how successfully the driver performed these tests is supposed to determine whether the officer has probable cause to make an arrest for DUI. The reality is, however, that once an officer thinks he detects the smell of alcohol coming from the vehicle, the driver will probably be arrested for driving under the influence.
Once at the detention center, the officer will begin to administer a breathalyzer test, which will determine the driver’s "official" level of intoxication as measured by his or her blood alcohol concentration (BAC). The officer is allowed to request the driver to submit to this test because, under South Carolina law, the mere act of driving on State owned roads gives officers the right to test a driver to determine whether he or she is illegally under the influence of alcohol or drugs. In other words, the law deems that all SC drivers have already given their "implied consent" to take breathalyzer tests. So, if a driver refuses to take the test or "fails" it, the State has the right to suspend that person’s license to drive.
But, before an officer may administer a breathalyzer test, he must provide the driver with some very important information both verbally and in writing:
- The person’s license to drive will be suspended for six months if the person refuses to submit to the test;
- The refusal to submit to the test will be used against the person in Court;
- The privilege to drive will be suspended for at least one month if the person submits to the test and reveals a BAC of .15 or more;
- The driver has the right to request an administrative hearing within 30 days after the officer issues the notice of suspension of the license, and
- If the driver’s license is suspended and the driver does not request an administrative hearing or the suspension is upheld, the driver will be required by law to enroll in, and pay for, an Alcohol and Drug Safety Action Program.