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Do You Have the Right to a Lawyer Before a DUI Breath Test in South Carolina?

Do You Have the Right to a Lawyer Before a DUI Breath Test in South Carolina?

Answer

South Carolina law does not give a driver the right to speak with an attorney before deciding whether to provide a breath sample. Refusing the test can still result in administrative consequences, even when the driver has asked to consult a lawyer.

Drivers are often taken to a local law enforcement center after a DUI arrest and asked to provide a sample for breath testing. At that point, many ask whether they can call an attorney before making the decision.

South Carolina law does not provide a right to consult an attorney before a driver is required to decide whether to provide a breath sample.

A request to speak with a lawyer does not eliminate the administrative consequences of refusing the test. Drivers can face those consequences even though they are not entitled to legal advice before making that decision.