What Is The Implied Consent Law?

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What Is The Implied Consent Law?

Any person driving a vehicle in the State of South Carolina is considered to have given his or her consent to submit to a breath test or a blood or urine analysis to check for the presence of alcohol or drugs or the combination of both. If a driver is stopped and ultimately charged with driving under the influence, the arresting officer must warn the driver that he or she has the right to refuse to take the test. In addition, the officer operating the DataMaster or breath testing machine must advise the driver that he or she has the right to a blood or urine test whether or not the driver submits to the breath test on the DataMaster. The driver who requests an additional test must pay for the requested test or tests. The arresting officer is also required to provide the driver with "affirmative assistance" in obtaining the additional tests. For example, if the motorist requests a urine test, the arresting officer is required to transport the driver to a medical facility that performs urinalyses.

Other South Carolina Drunk Driving Defense FAQs

Q: What Is Dui?
A: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of … More
Q: What Are The Bac Limits?
A: What are the BAC Limits? Under South Carolina law, the legal BAC (blood / alcohol) limits are: (1) Less than .05 It is conclusively presumed that the person was … More
Q: What Are The Dui Laws In South Carolina?
A: A DUI arrest is actually two individual cases in the form of one driving under the influence charge. The first is the criminal case, and the second and less familiar, … More
Q: What Are The Penalties For First Offense Dui Conviction In South Carolina?
A: If you are convicted of a first offense DUI in South Carolina, you are subject to a fine of $300.00 or imprisonment for at least 48 hours. However, a person convicted … More
Q: What Are The Penalties For Second Offense Dui Conviction In South Carolina?
A: For a conviction of second offense DUI, a person can be fined a minimum of $2000.00 up to $5000.00 and imprisoned for at least 48 hours or up to 1 year. The fine … More
Q: What Are The Penalties For Third Offense Dui Conviction In South Carolina?
A: A conviction of DUI 3rd, carries a fine of at least $3,500.00 and could be as much as $6,000.00. Also, a 3rd offender must serve at least 60 days in jail and could be … More
Q: What Are The Penalties For Fourth Offense Dui Conviction In South Carolina?
A: If a person is convicted of DUI 4th or more, he or she must serve at least 1 year in prison and could have to serve up to 5 years.
Q: What Are The Penalties For Felony Dui?
A: If a person is convicted of felony DUI for causing great bodily harm to another, he or she is subject to a mandatory fine of at least $5000.00. However, a fine up to … More
Q: What Are The Assessments Imposed By The Court?
A: In addition to the fine imposed for a DUI conviction, each person is subject to an assessment fee. For a conviction of a DUI 2nd or above, the assessment fee is 100% … More
Q: How Can I Keep My License After A Dui Conviction?
A: In order to retain your license after a DUI conviction, a person must obtain SR22 insurance for 3 years.