What is Implied Consent in DUI Cases in Greenville, SC?

Implied consent essentially states that if you’re arrested, you consent to a test for drugs. Dealing with implied consent and how it applies is a bit more difficult though. We have the answers for some of the most common questions on Implied Consent here.

Implied Consent in Greenville

Greenville, SC uses a law that is commonly known as “Implied Consent.” This law states that when lawfully arrested, you consent to a drug level test. But, there are a lot of steps in lawful arrested.

A cop must have probable cause. Usually, they use traffic patterns in their report to show probable cause. Occasionally, they’ll use your behavior to show probable cause. Behavior can include slurred speech. Probable causes are often the issue behind consent. These cases quickly turn into “he-said, she-said” issues.

After making an arrest based on probable cause, the cop must follow a specific procedure. The cop must document the following steps on a video recording:

  • Reading of your rights
  • Informing you of penalties for refusing a test
  • Identify which form of testing they chose (blood, breath, or urine)
  • Inform you that you do not have to take the test
  • The test procedure

A DUI attorney may show improper handling of your case. Issues with the process of implied consent affect the overall consequences. If a machine wasn’t working correctly, then it is null. Cops failing to read your rights, can affect implied consent. If you weren’t able to grasp the penalties, this can affect implied consent. However, it does not mean that you cannot refuse a test.


Blood, and Breath Tests

A breath test means that you will get immediate results. After taking a breath test for alcohol, the cop will have a printout with the BAC. A BAC is your Blood Alcohol Content. Your BAC can be cause to hold you, but not pressing charges.

If your BAC is over a 0.15, the cops will suspend your license. A BAC this high will require you to start an Alcohol and Drug Safety Action Program. A seasoned DUI attorney can help you know what your BAC level means for your case. A blood test is usually the second choice for cops. If you cannot perform the breath test, implied consent applies to a blood test. Common reasons include passing out or injury.


What if I Refuse the Test?

Implied Consent is part of the law in this state, and there are some consequences to refusal. This law affects your ability to drive. A cop will suspend your license, and you may see fines as well. But, refusal to take the blood or breath screening doesn’t mean that you’re immediately facing all of these consequences. There is the opportunity to show improper handling of your arrest or DUI case in Greenville, SC.


What is an Implied Consent Hearing in Greenville, SC?

An Administrative Hearing Officer will review your case. You and the arresting cop must be there, as well as anyone else who took part in the testing. The Administrative Hearing Officer is not a judge. But they will review evidence, and make a decision. The choice they make only affects implied consent. This hearing does not relate to any DUI charges. A DUI attorney can help you through the hearing process as well. A DUI attorney may help show that a Data master machine wasn’t working right.


How to Fight an Implied Consent Suspended License

In South Carolina, you can hire a DUI attorney to help you navigate the legalities of implied consent. But, there are some steps you can start now. Driving in SC is not a right. It is a common reason for suspended licenses. After the cop suspends your license, you have 30 days to petition against the suspension. You can show your need for a vehicle to release your suspension immediately. Because it’s a person reviewing your petition you have the chance for a positive or negative outcome. While you’re waiting for the results of your hearing, you can also request a 30-day permit. The 30-day permit will require you to pay a $100 fee.