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Anyone Can Get A DUI

On Saturday, September 20, 2014, a Charleston Police Department trainee was arrested and charged with DUI by South Carolina Highway Patrol officers. http://www.abcnews4.com/story/26607579/charleston-police-trainee-arrested-for-dui.  This shows that anyone can be arrested for DUI.

Many times I am asked, "Should I provide a breath sample?" Before making this decision, you should understand the consequences of refusing a Datamaster (breath) test. 

Under South Carolina's implied consent law, "a person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs . . . . " SC Code 56-5-2950.

If you refuse to blow, your license will be suspended for at least 6 months, longer if you have prior DUI convictions.   If you choose to blow, your license may still be suspended if your blood alcohol concentration (BAC) is over .15%.

If your license is suspended for either refusing to blow or providing a breath sample over .15%, there are administrative procedures to challenge the suspension. But don't wait, these procedures must be initiated within 30 days of your arrest.

So, to blow or not to blow?  Unless you are absolutely certain your BAC is below .08, it is usually best not to blow.  It takes away a key piece of evidence that can be used against you in the DUI trial.  While you may risk a suspension of your license, you will absolutely lose your license if you are convicted of DUI.  Without the Datamaster results, the case against you is much harder to win.

 As a lawyer that represents people charged with DUI, I recommend you consult an attorney familiar with the administrative process to challenge your suspension. If you have been charged with DUI, don't hesitate to contact me.

Janek

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Wilson & Luginbill, LLCAttorneys at Law

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