Can you refuse to take a breathalyzer test?

Can you refuse to take a breathalyzer test?

| May 5, 2021 | Drunk Driving |

Breath tests are one of the most common ways that the authorities determine whether a driver is under the influence of alcohol. As a result, many drivers may wonder whether they can refuse to take that test. If an officer pulls you over, are you required to submit to a breath test?

Can you legally refuse a breath test?

Just as you do not have to allow an officer to search your home without a warrant, you do not have to take a breath test if an officer requests it. Refusing this test can prevent the officer from gaining evidence that they could use to convict you.

What are the penalties for refusing a breathalyzer test?

While you do have the right to refuse a breath test in South Carolina, you may face other challenges as a result. Under South Carolina Law, drivers imply their consent to chemical testing simply by driving within the state. As a result, refusing a breath test leads to automatic suspension of your driver’s license and $100 or more in fees to have that license reinstated.

Refusal to take a drug test will also lead to required enrollment in a substance abuse program if drivers do not successfully challenge this suspension.

If you face drunk driving charges, it can be essential to speak to an experienced attorney. They can help you determine which course of action is right for you and help you build a defense against charges of driving under the influence.