In South Carolina if you refuse to take the Implied Consent breath / blood alcohol test requested by a law enforcement officer, that refusal will result in an immediate license or suspension of your driving privilege. The suspension for that refusal is six (6) months for a first time refusal. If the accused submits a breath / blood sample and the test result is .15% or greater, the license or driving privilege is suspended for thirty (30) days.
A driver who has his license administratively suspended for an Implied Consent (IC) violation has the right to challenge the suspension. A driver suspended under the Implied Consent Law has thirty (30) days to request an administrative hearing to challenge the suspension. If the suspension is not challenged then the suspension will stand and the driver shall be required to enroll in the Alcohol Drug Safety Action Program (ADSAP) in order to restore their driving privilege. A driver who fails to request a hearing and challenge the suspension may be eligible for a route restricted drivers license during the period of suspension. A driver who timely requests a IC Hearing will be eligible for a Temporary Alcohol License (TAL) until the disposition of the administrative IC Hearing.
The Phipps Law Firm advises clients to always challenge the administrative IC suspension. We have the knowledge and experience needed to commonly win the IC Hearing no matter the alleged results of the test. Edward L. Phipps and James D. Stanko strive to challenge and win every scope of the IC Hearing to assist their clients in preserving their rights and driving privileges.
For more information about the Implied Consent Law and your case call the Phipps Law Firm 843-300-4444.
Know your rights!