South Carolina Drivers License Suspended for Refusing Breathalyzer 

When a South Carolina motorist refuses to submit a breath, blood, or urine sample for chemical testing during an arrest for driving under the influence a notice of suspended driving privileges will be issued by the arresting officer. A notice of suspension will also be issued if a South Carolina motorist submits a breath, blood, or urine sample for chemical testing and registers an alcohol concentration of .15 or higher. The uniform traffic ticket issued by the arresting officer for the underlying DUI charge is an initial court appearance in a South Carolina Summary or General Sessions Court but is not the proper venue for challenging an implied consent violation. The arresting will not issue a court summons to fight suspended driving privileges for an implied consent violation but there is a path for challenging the suspension. A contested case hearing in the South Carolina Administrative Law Court is the fastest and most effective way to find temporary relief from the hardship of suspended driving privileges for refusing to submit a sample (breath, blood, or urine) for chemical testing or registering an alcohol concentration of .15 or higher. The defendant has 30 days from the DUI arrest date to challenge the suspended driver's license. There are no exceptions to the 30-day filing deadline. 

 

The short-term impact of challenging an implied consent violation is the potential restoration of driving privileges. The temporary alcohol license restores noncommercial driving privileges on a temporary basis, pausing the suspension pending a ruling from the contest case hearing. A temporary alcohol license is not route-restricted and is available once the contested case hearing is scheduled. Contested case hearings are held in designated regional locations, so the venue for the implied consent hearing could be a different location or even a different county than the underlying DUI charge. The correct time, date, and location will be noted on the notice of hearing. An SCDMV hearing officer is the decision maker in a contested case hearing. If the hearing officer rules in favor of the defendant, the implied consent suspension will end. If the court rules in favor of the police officer, the temporary alcohol license will be revoked, the suspension will resume, and successful completion of the Alcohol Drug Safety Action Program (ADSAP) will be required before South Carolina driving privileges can be fully restored.

 

A criminal record can have lasting consequences for professional and educational opportunities long after fines or sentencing have expired. When questioned or arrested by police, it is important to remain silent and contact a Criminal or DUI Defense Attorney as soon as possible. Travis Newton Law Firm has defended thousands of clients in South Carolina Summary and General Sessions Courts. A consultation with DUI Lawyer Travis Newton will provide answers that can lead to informed decisions on how to proceed. Free consultation at (864) 965-9148

 

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Horizontal Gaze Nystagmus Test

Sometimes called the "Pen Test," the Horizontal Gaze Nystagmus Test was developed to identify nystagmus in the eyes of driver's under investigation for DUI.

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Travis Newton Law Firm

Travis Newton defends clients in Upstate. S.C. Summary and General Sessions Courts including Anderson, Clemson, Seneca, Easley, Pickens, and Greenville.

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The materials available on this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Travis A. Newton or the user or browser. 

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