What to Do During a DUI Stop in South Carolina

If you’re stopped for driving under the influence in South Carolina, your first impulse may be to panic, but there is a better approach. Even if you had a glass of wine or two with dinner, it does not necessarily mean that you are over the legal limit or that your driving is impaired. The fact is that you have legal rights, and the better you understand these rights and the sooner you invoke them, the better prepared you’ll be in the event of a DUI stop. If you’re facing a DUI charge, seek the skilled legal counsel of an experienced Conway, SC, DUI defense attorney.

The Officer’s Requests that You Should Comply With

There are certain requests that the officer will likely ask of you and that you should comply with, including:

• Giving your name and address
• Providing your driver’s license
• Calmly getting out of your vehicle – without reaching for anything

If you’re asked for permission to search your car, you have the right to say no and are advised to do so.

Refusal to Take a Breathalyzer Test

South Carolina has what is called an implied consent law. This means that drivers throughout the state automatically consent to testing as part of the DUI arrest process. While you can still refuse to take the breathalyzer test, there are consequences for doing so. Let’s consider the pros and cons.

Potential Advantages

The potential advantages for refusing to take a breathalyzer test include all the following:

• You won’t face a separate charge for refusing a breathalyzer.
• The prosecution will have no proof of your blood alcohol content (BAC).
• You may be able to obtain a temporary driver’s license in response to its automatic suspension.
• The evidence that can be used against you is limited to the arresting officer’s opinion, the results of any field sobriety tests – if you submitted to them – and any footage captured by the officer’s squad car or body cam.

Potential Disadvantages

There are also potential and very real disadvantages that you’ll need to balance against the potential advantages, including:

• You’ll face an automatic driver’s license suspension.
• You’ll have no way to prove that your BAC was under the legal limit of .08 percent.
• The prosecution may hit you with a heavier charge in response.
• The judge hearing your case may take an unfavorable position related to your refusal.

Deciding whether or not you should take a breathalyzer test comes down to the circumstances involved, but submitting to the test may be preferential to the weighty consequences of not doing so.

Request an Attorney

After answering the basic questions you’re required to respond to, it’s time to request an attorney. From this point on, don’t make any decisions or consent to any questions until after you’ve consulted with a practiced DUI defense attorney.

Make the Call to an Experienced Conway, SC, DUI Defense Attorney Today

The trusted Conway, SC, DUI defense attorneys at the Law Offices of L. Morgan Martin, P.A., dedicate their practice to helping clients like you beat DUI charges or – short of that – obtain advantageous outcomes, and we welcome the opportunity to also help you. For more information, please contact us online or call 843-248-3177 today.