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Breath Test Refusal Archives

How does a BAC test work?

In South Carolina, drivers give implied consent to submit to breath tests when asked to do so. The state allows an investigating officer or an officer who may take a driver into custody to conduct such testing. However, this is only the case when the test is being videotaped. Although tests are to be done as soon as practicable, there is no statute of limitations on when a test may be conducted.

DUI charge dropped due to evidence discrepancy

An evidence discrepancy in a DUI case has allowed a South Carolina man to plead to a lesser charge. The man, a state representative, was charged with DUI when he was stopped on Interstate 77 in October 2012 as he was reportedly on his way home from a South Carolina football game. During the stop, the man allegedly admitted to officers that he had been drinking alcohol.

Supreme court upholds blood test rulings

If a driver in South Carolina is pulled over under suspicion of DUI, the police may no longer administer a blood-alcohol test without permission or a warrant in most cases. This is due to a recent ruling from the Supreme Court where a man was given a blood test without his permission or a warrant, and two lower courts threw out the evidence because of it. The Supreme Court upheld the lower courts ruling stating that the dissipation of alcohol in someone's blood stream is not sufficient to override the requirement that police get a warrant before subjecting someone to a blood test. In the case in question, a man was pulled over after a police officer observed the man speeding and swerving. The man had two drunk driving convictions and failed several field sobriety tests. After he refused to take a breath test, the police officer took him to a hospital for a blood test but did not obtain a warrant to do so.

Proposed bill would require breathalyzer program for offenders

The South Carolina Senate is now considering a bill that would require first time DUI offenders to install ignition-interlock breathalyzers in their vehicles. If the new law passes, people who fail field sobriety tests with a blood-alcohol content of .12 percent or more would be required to connect a breathalyzer to the ignition in their automobile. Currently, the law only requires second and third offenders to do so. When a breathalyzer is installed in a vehicle, people have to pass a blood-alcohol test before the automobile will start. Under the current law, people with multiple DUIs are required to install these devices after having their licenses suspended so that driving privileges can be restored.

Judge considering whether to deem blood test invalid

People may think that failing a blood test will automatically result in a conviction. However, that may not always be the case. As is true with all drunk driving cases, certain procedures must be followed in order for evidence to be used in court.

South Carolina woman sleeping in car charged with DUI

A South Carolina woman, who is a parent teacher organization official, was recently accused of driving under the influence. However, even though she was charged with DUI, an officer never saw her actually driving a vehicle, she never admitted to driving a vehicle and it doesn't appear anyone else saw her driving either.

South Carolina officer accused of DUI and refusing breath test

A 28-year-old South Carolina police officer was fired from the Rock Hill Police Department just two days after being arrested for suspicion of driving under the influence. Now, not only is he out of work, he also has to deal with being charged with DUI and allegedly refusing to take a breath test.

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