Sahn Law Firm - Attorneys at Law

What Are The Consequences For A Breath Or Blood Test Refusal?

The driver’s South Carolina Driver’s License or South Carolina driving privileges (if they have an out-of-state license) will automatically be suspended on the spot. However, there are procedures and steps that can be taken to get the client driving again. Please call us for a free discussion of this process, as it can be very confusing and much of the information online is incorrect or incomplete.

For Someone Who Blows A Breath Sample Of .15 Or Over, What Is The License Suspension In SC?

If it the person’s first DUI charge, then their license suspension will be 30 days. If the person refuses the test altogether, then their license suspension will be 6 months, if it is their first DUI charge.

How Many Days Do You Have To Request An Administrative Hearing After A DUI Arrest?

A person has exactly 30 days to request an administrative hearing (also known as an implied consent hearing) after a refusal on the breath test or a reading of .15% BAC or higher.

What Happens At The Administrative (Implied Consent) Hearing?

The hearing officer will conduct a full hearing, including opening and closing statements, testimony by any witnesses, and consideration of any exhibits. The hearing officer will be determining whether a valid refusal occurred or whether the person blew a valid breath test reading of .15% BAC or higher.

Can I Get A Temporary License While I Wait For The Hearing?

Yes, once you properly request an implied consent hearing, you are now eligible to pay the $100 fee and get a Temporary Alcohol License (TAL). Once you have this license, you will be able to drive legally without any restrictions throughout the state of South Carolina.

What Is An Ignition Interlock Device (IID)?

An ignition interlock device (IID) is a device that is designed to prevent a vehicle from starting if it detects a breath alcohol concentration (BAC) over a pre-set level. In SC, that pre-set level is currently .02%.

Who Must Have An IID In Their Vehicle In SC As Of 2019?

If you are convicted of a DUI – 1st Offense with a BAC of .15% or greater, you are required to have an IID installed for 6months. If you have 2 DUI convictions, then you are required to have an IID installed for 2 years. If you have 3 DUI convictions, then you are required to have an IID installed for 3 years. If you have 4 DUI convictions, then you are required to have an IID installed for life.

How Does An Individual Obtain An Ignition Interlock License?

You must first get the Ignition Interlock Device (IID) installed on your vehicle. There is a list of certified manufacturers on the South Carolina Department of Probation, Parole, and Pardon Services (SCDPPPS) website. Once the IID is installed, you must then go to the DMV to obtain your Ignition Interlock License and comply with all of the DMV requirements.

How Much Does An Ignition Interlock License Cost?

The cost to have an IID on your car is set by the manufacture. The cost to have the device installed and monthly fees will vary among manufacturers.

Must An Ignition Interlock System Be Installed On Every Vehicle That The Individual Owns?

If you are in the Ignition Interlock program, you must install a breath alcohol ignition interlock device in any vehicle that you operate, regardless of who is listed on the registration. In other words, you must install an IID on only the vehicles that you drive.

What If A Family Only Owns One Vehicle, How Will Other Family Members Use That Vehicle?

If another person drives the vehicle that you have the IID on, they will have to blow into the IID to operate it. However, you are responsible for any violations associated with the device regardless of who drives the vehicle.

Can The Ignition Interlock Device Be Installed On A Friend’s, Family Member’s, Or Company Vehicle?

Yes. As for work vehicles, if you or a family member owns the business, you are required to have an IID installed on your work vehicle. If you or a family member do not own the business, then you are not required to have a IID installed on your work vehicle, and may contact the South Carolina Department of Motor Vehicles (SCDMV) to apply for an employer exemption.

How Is The Ignition Interlock Device (IID) Enforced?

Every time you blow into the IID while the vehicle is in motion and your alcohol content is .02% or higher, you will receive a violation point. Failure to complete a running retest and failure to report to the service center every sixty (60) days for calibration will also each result in one violation point.

What Happens If An Individual With An Ignition Interlock License Drives A Vehicle Without The Device?

This is a new offense and would result in new charges against you.

What Happens If I Do Not Install A Breath Alcohol Ignition Interlock Device After Receiving A DUI That Required Me To?

In this situation, if you decide not to enroll in the IID, your driver’s license will remain suspended indefinitely.

For more information on Breath and Blood Test Refusal In SC, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (843) 856-2222 today.

Sahn Law Firm - Attorneys at Law, located in Charleston, South Carolina, provides representation throughout Charleston, North Charleston, Mount Pleasant, Summerville, Goose Creek, Moncks Corner, Daniel Island, Sullivan's Island, Georgetown, St. George, Hanahan, Santee, Isle of Palms, Folly Beach and Beaufort. The firm also represents people in the municipalities of Charleston County, Dorchester County, Berkeley County, Georgetown County, Clarendon County and Beaufort County.

Office Location

Sahn Law Firm - Attorneys at Law

225 Seven Farms Drive
Suite 105
Charleston, SC 29492

Maps & Directions

Phone: (843) 856-2222
Fax: (843) 971-0991

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