What is Implied Consent in South Carolina?
When you obtained your driver's license in South Carolina, you likely did not realize you were signing up for a specific legal obligation. Under South Carolina law, the act of driving on our state's roads constitutes 'implied consent.' This means that by operating a vehicle, you have already agreed to submit to chemical testing—such as a breath, blood, or urine test—if a law enforcement officer has probable cause to arrest you for driving under the influence (DUI).
At Burns & Burns Law Firm in Rock Hill, SC, we often speak with clients who feel blindsided by this rule. It is important to understand that while the law assumes you have consented, you still have the right to refuse. However, exercising that right comes with immediate administrative consequences for your driver's license.
The Consequences of Refusal or High BAC
The implied consent law is triggered in two primary scenarios: if you refuse to provide a breath sample, or if you provide a sample that shows a blood alcohol concentration (BAC) of .15 percent or higher. In either case, the state will move to suspend your driving privileges immediately.
Because our team includes professionals with both former law enforcement and former prosecutor experience, we understand exactly how these stops are conducted and how the paperwork is processed. We know that the officer will typically confiscate your license on the spot and issue a notice of suspension. This is not just a potential future penalty; it is an administrative action that begins the moment you are processed.
The 30-Day Deadline You Cannot Ignore
If your license is suspended under the implied consent law, you do not have to simply accept it. You have the right to request an administrative hearing to challenge the suspension. However, time is of the essence. You must request this hearing within 30 days of the date on your notice of suspension. If you miss this window, you waive your right to contest the suspension, and the license loss will stand.
Many people mistakenly believe that the administrative hearing is the same as their criminal DUI trial. They are actually two separate processes. The administrative hearing focuses specifically on the validity of the license suspension, while the criminal case addresses the DUI charge itself. Winning the administrative hearing can help you get your license back sooner, but it does not automatically resolve the criminal charges you are facing.
How We Can Help
Navigating the intersection of administrative law and criminal defense is complex. At Burns & Burns Law Firm, we use our background in the justice system to scrutinize every aspect of your arrest. We look for answers to critical questions, such as:
- Did the officer have valid probable cause to initiate the stop and the subsequent arrest?
- Were you properly informed of your implied consent rights as required by South Carolina law?
- Did the officer follow the strict testing procedures mandated by the South Carolina Law Enforcement Division (SLED)?
- Was the testing equipment functioning correctly and calibrated according to state standards?
If you have been arrested for a DUI in Rock Hill or the surrounding areas, do not wait until your court date to seek legal guidance. The administrative clock starts ticking the moment you are arrested. By reaching out to an experienced defense team early, you ensure that your rights are protected and that you have a strategy in place to address both the administrative suspension and the criminal charges against you.
Have Questions About Your Case?
Contact Burns & Burns for a free, confidential consultation.