Implied Consent

Understand your rights if you've been arrested for drunk driving

If you refuse to take a breath, blood or urine test to determine if you were driving drunk, you can be charged with driving under the influence of alcohol (DUI) based on South Carolina's DUI laws.

Under the "implied consent" law, your license will automatically be suspended if you refuse to take a chemical test, and the arresting officer can confiscate the license. However, the arresting officer must strictly follow a specific set of rules and regulations associated with the state's implied consent law.

That's why refusing to take a sobriety test won't necessarily result in a DUI conviction. But to make sure your rights are fully protected, you'll need an aggressive lawyer at your side. Contact attorney Matt Bodman if you have been charged with drunk driving in South Carolina.

How can attorney Bodman help me with my implied consent case?

After you refuse to take the test, you will be videotaped. During the recording of the video, the police officer must explain your rights to you and the penalty for refusing to take a BAC test. The officer should tell you that you have the right to refuse to take a BAC test.

Once you refuse to take a BAC test, your driver's license will be suspended for 6 to 12 months, depending on whether you have been previously convicted of drunk driving in South Carolina within the last 10 years.

Attorney Bodman wants to meet with you to find out if the arresting officer followed all of these rules. He can also help you apply for a temporary driver's permit, but you must do this within 30 days of your driver's license being suspended. If your driver's license has been suspended for refusing a breathalyzer test, you can get back on the road with a valid driver's license within 3 to 5 business days. A former assistant prosecutor, attorney Bodman thoroughly understands the state's legal system and wants to help you get your life back on track. Contact our law firm immediately.

South Carolina Association of Criminal Defense LawyersSouth Carolina Association of Criminal Defense LawyersSouth Carolina BarSouth Carolina BarSouth Carolina Association for JusticeSouth Carolina Association for JusticeRichland County Bar AssociationRichland County Bar Association2015 Legal Elite of the Midlands2015 Legal Elite of the Midlands