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Implied Consent Law in South Carolina

Any person who drives a motor vehicle in South Carolina is considered to give consent to chemical test of their breath, blood or urine to determine the presence of alcohol or drugs or the combination of drugs and alcohol. Implied consent laws require drivers to submit to some form of breath, blood or urine testing. A breath test will be administered if the officer believes the driver is under the influence of alcohol, drugs or a combination of both. The driver must first be asked to perform a breath test to determine the alcohol concentration. A person required to submit to a test must be provided with a written report including the time of the arrest, the time of the tests and the results of the tests before any trial or proceedings. A breath test can be conducted either at the scene of at the police station. Blood and urine tests must be performed at a hospital or a licensed medical facility.

The officer must ask the driver if he wants to take a breath test and not a blood test. A blood or urine test will be required if the driver can’t provide a breath test. If a driver is unconscious or physically injured, their blood may be drawn for testing. The determination that you are unable to provide a breath test may be made by any licensed medical professional. The police cannot determine whether or not to take a blood sample instead of a breath sample.

If a driver refuses to submit to a breath, blood or urine test, the person’s driver’s license will be immediately suspended for at least six months. If a person does blow into a breathalyzer and registers a 0.15% or greater, the driver’s privilege to drive is immediately suspended for 30 days. On a second offense of a driver blowing a .015% or greater into a breathalyzer, and the conviction is upheld, the driver must enroll in Alcohol and Drug Safety Action Program to regain driving privileges.


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