South Carolina, along with essentially every other state in the nation, has adopted what is referred to as the ” implied consent” laws.
In laymen’s terms, ” implied consent” laws simply means that when you apply for a state driver’s license, you have consented to allowing police officers to give you a chemical blood test in the event that you are pulled over under the suspicion of drunk driving.
What this means is that to enjoy your right of driving and using the state’s thoroughfares in doing so, you have also agreed that you can and will be administered a chemical analysis test if the officer believes you have been drinking or using drugs while operating your vehicle.
These test are allowed the be administered even if the officer does not have a search warrant on him. It has been held under both federal and state law that the odor of alcohol or suspicious driving for a certain distances gives the officer enough of what is called “reasonable suspicion,” to administer the test without the warrant.
Although this may seem intrusive, if the driver refuses to blow into the breathalyzer, then the state has held the officer is then entitled to bring the defendant to an authorized location and administer the chemical analysis blood test to determine the defendants Blood Alcohol Level (BAC) at the time of the arrest.
In South Carolina, the allotted BAC level permitted to drive is .08. Anything over that, and sometimes even a little under that, will affect your driving privileges in the state you reside.
If you or someone close to you has been charged with a DUI, or alcohol related crime in South Carolina, make sure that you are covering every possible base. The S.C.G.S. can be a protection measure for many people; it ensures that the scientific tests, which are the most reliable evidence in a DUI case, must be presented through a chemical analyst. At Reeves, Aiken & Hightower, LLP., we will go through each minute detail to ensure that your rights have not been violated. Contact us toll-free at 877-374-5999 for more information on your options.