Implied Consent – Administrative License Suspension

Under South Carolina's implied consent laws, if you are arrested for DUI and refuse to submit to a breath test, your privilege to drive is immediately suspended for 6 months on a first offense. On the other hand, if you do blow into the breathalyzer and register a .15 or greater, your privilege to drive is immediately suspended for 30 days on a first offense. If this happens, you must request an administrative hearing within 30 days of your arrest to contest the suspension. If you do not request a hearing, or if the suspension is upheld at the hearing, you will have to enroll in ADSAP before you can regain full driving privileges, even if you win your DUI case.

At the administrative hearing, you can contest the probable cause for the arrest and whether the arresting officer and datamaster operator followed proper procedures during the process. If there was no probable cause for the DUI arrest, if the breath test was not properly offered to you, or if you did not actually refuse the test, the officer's decision to suspend your license will be overturned by the administrative court.

If your license has been suspended under South Carolina's implied consent laws, contact a DUI lawyer immediately to ensure that your rights are protected.