Imagine the stress of seeing flashing blue lights in your rearview mirror. The officer asks you to take a breathalyzer test, and you decide to refuse. Many people believe that refusing means the case against them falls apart. The truth is more complicated. In South Carolina, refusing a breathalyzer may protect you from giving a number the state can use against you, but it does not automatically prevent a conviction.
Understanding your rights is the first step in protecting your future. If you are facing a DUI charge in South Carolina after refusing a breathalyzer test, it is critical that you speak with an experienced defense lawyer. Contact Truslow & Truslow, P.A. today for a free legal consultation and guidance on your next steps.
South Carolina’s Implied Consent Law Explained
Every driver on South Carolina roads is subject to what is called the implied consent law. By getting behind the wheel, you are giving advance permission to submit to chemical testing if you are lawfully arrested for suspected drunk driving. That testing could involve a breath test, a blood test, or a urine test.
Refusing a breathalyzer in South Carolina carries immediate penalties even before your case reaches a courtroom. A first refusal usually means a license suspension of six months. A second or third refusal within a ten year period can lead to much longer suspensions and may also require installation of an ignition interlock device if you want to drive again. On top of that, insurance premiums often rise sharply after a refusal.
The key point is that refusal has consequences under administrative law, separate from the criminal case itself. Many people do not realize that they can request a hearing to challenge the suspension, but strict deadlines apply.
Can the State Convict You Without Breath Test Results?
The short answer is yes. While a breath test result can provide the prosecution with a clear number, it is not the only type of evidence available in a DUI case. South Carolina courts allow convictions based on other forms of proof.
Police officers are trained to document everything they observe during a traffic stop. Signs such as slurred speech, bloodshot eyes, the smell of alcohol, or difficulty following instructions can all be presented in court. Field sobriety tests, including the walk and turn or the one leg stand, often serve as additional evidence. Video from a body camera or dashboard camera may also support the officer’s testimony.
Even without a test result, prosecutors can argue that the refusal itself shows a guilty conscience. Jurors sometimes see a refusal as an attempt to hide the truth, which can create a difficult situation for the defense. That is why experienced legal representation is so important in these cases.
Defenses Available in Refusal Cases
Although refusal cases can be challenging, there are several defense strategies that may be effective. A skilled DUI attorney will closely examine whether the officer had a valid reason to make the stop in the first place. If the stop was unlawful, the entire case could be thrown out.
The defense may also attack the reliability of the officer’s observations. Stress, medical conditions, fatigue, or even environmental factors like poor lighting can affect how someone appears during a traffic stop. Field sobriety tests are notoriously subjective, and small mistakes by officers in administering them can weaken the prosecution’s case.
Another potential defense involves constitutional violations. If the officer failed to properly advise you of your rights under the implied consent law or did not follow correct arrest procedures, that can become a major issue in court. Each case is unique, and the absence of a breath test result can sometimes be turned into an advantage when the defense carefully dismantles the rest of the state’s evidence.
Why You Need an Experienced South Carolina DUI Lawyer
DUI charges carry serious consequences in South Carolina. A conviction can lead to jail time, heavy fines, license suspension, and a permanent criminal record. When a breathalyzer refusal is involved, the stakes are even higher because the case becomes more complex.
An attorney who understands both the administrative penalties and the criminal process can guide you through every step. The right lawyer knows how to challenge weak evidence, how to file the necessary motions, and how to protect your rights in and out of court. At Truslow & Truslow, P.A., we have years of experience handling DUI cases throughout South Carolina and we know the strategies that work.
Protect Your Rights After a Breathalyzer Refusal
Refusing a breathalyzer test may seem like a smart decision in the moment, but it does not guarantee that you will avoid a conviction in South Carolina. The state can and often does rely on other types of evidence to build its case. At the same time, refusal opens the door to tough administrative penalties such as license suspension.
If you are facing DUI charges after refusing a breathalyzer, the most important decision you can make is to seek legal help as soon as possible. The sooner you act, the more options you may have. Contact Truslow & Truslow, P.A. today for a free legal consultation and let us fight to protect your future.