It is not uncommon for a sober motorist to mimic signs of impairment during a traffic stop and
subsequent DUI investigation. Nervousness, fear, disability, fatigue, illness, caffeine, etc. can cause a motorist to exhibit many of the same clues used to identify an impaired driver.
The experimental methods used to develop Standardized Field Sobriety Tests (SFSTs) have not been peer-reviewed which is the customary method for validation in the scientific community. To learn more
about the flawed science behind SFSTs contact DUI Defense Attorney Travis Newton.
South Carolina DUI convictions carry serious consequences both from the State of
South Carolina and the Department of Motor Vehicles. Do not wait to contact a Easley DUI Defense Attorney after being arrested? If your South Carolina Drivers License was suspended for an
implied consent violation there are important filing deadlines that if missed will disqualify your eligibility for a Temporary Alcohol License.
What are the consequences of a South Carolina DUI conviction?
Is there mandatory jail time for a DUI conviction?
What are the total fines?
How long will I lose my South Carolina Driver's License?
Will I be subjected to random drug and alcohol testing?
Will I be forced to attend mandatory drug and alcohol counseling?
What is The Alcohol Drug Safety Action Program (ADSAP)?
What are the consequences for my auto insurance premium?
Are Field Sobriety Tests reliable?
Is the Datamaster (breathalyzer) reliable?
Will I be forced to blow into an ignition interlock device each time I start my vehicle?
SCDL Suspended for Refusing Breathalyzer: Implied Consent-- Easley DUI Defense Attorney
One of the most confusing consequences of a South Carolina arrest for driving under the influence is the
fact that many times the accused motorist will incur an immediate suspension of his or her South Carolina Drivers License (SCDL). So why does this happen and what can be
done? When a South Carolina motorist refuses to submit to a chemical test an immediate driver's license suspension will be issued from the
A suspension will also be issued if a South Carolina motorist chooses to submit to a chemical test but
registers an alcohol concentration of .15 or higher. Obviously, this creates a hardship for the suspended motorist and time is of the essence.
There are several paths in managing a suspension for refusing to submit to a chemical test or for
registering an alcohol concentration of .15 or higher (implied consent violation). For purposes of this article, I will limit the discussion to the most effective and expeditious way to
mitigate the hardship of the sudden loss of driving privileges stemming from an implied consent violation. First, there is not an automatic court date for challenging a suspension
for an implied consent violation. The court date on the traffic ticket is the initial court appearance for the DUI arrest in a South Carolina criminal court but not a venue to challenge an implied
Refusing to submit to a chemical test in South Carolina is not a crime. For this reason, the suspended motorist
must look outside the criminal court to challenge an implied consent violation. The challenge must be filed within 30
days of the arrest for driving under the influence. There are no exceptions to the 30-day filing deadline. So what happens after the challenge is filed and how does it benefit the accused
First, in most cases, the motorist will become eligible for a Temporary Alcohol License (TAL). The TAL will restore the motorists'
driving privileges (to pre-DUI arrest status) on a temporary basis thus pausing the suspension. With the TAL comes a court date for a contested case hearing in the South Carolina Administrative Law
Court. It is important to note that the contested case hearing may be held at a different venue than the DUI as these hearings are held regionally.
This is not a criminal proceeding so there is no jury present. The decision-maker in a contested case hearing for
an implied consent violation is an SCDMV hearing officer. If the hearing officer overturns the SCDL suspension, the motorist’s driving privileges will be restored to the same status as before the DUI
arrest. If the hearing officer upholds the SCDL suspension the motorist will be required to start and complete The Alcohol Drug Safety Action Program also known as ADSAP and the suspension will
Travis Newton Law Firm has defended thousands of clients in South Carolina Summary and General Sessions Courts
and has presented oral arguments before the South Carolina Court of Appeals. Travis is Lead Counsel Rated by Thomson Reuters for DUI Defense with an Avvo Rating of Ten in the legal practice
areas of Criminal Defense and Driving Under the Influence. Travis Newton is a South Carolina State Ambassador for and founding member of the American Association of Premier DUI Attorneys