What Happens If You Refuse a Blood Alcohol Test?

South Carolina Criminal Attorney Explains Your Rights

Video Transcript:

Rob Rosenthal:

Hey, here's an AskTheLawyers™ Quick Question: If a police officer demands that you take a breath or blood test after being stopped on suspicion of DUI, do you know your rights? South Carolina criminal defense attorney, Tyler Bailey, has this advice.

Tyler Bailey:

In South Carolina you can refuse a breath or blood sample test if you've been arrested or you're under interrogation for being suspected of driving under the influence of alcohol. The only thing is that generally your license will be suspended for six months if you refuse, unless your lawyer can prove that the law enforcement officer did not properly advise you of your rights prior to your refusal; in this case, you can also enroll in an ignition interlock program that will allow you to get a temporary license despite you refusing to give a breath sample or a blood test.

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