What Does “Implied Consent” Mean in DUI Cases?

What Are an Officer’s Responsibilities When Administering a Breath Test?

The Fourth Amendment protects citizens from unreasonable searches and seizures, but DUI breathalyzer and chemical tests are considered legal searches under implied consent laws—provided that law enforcement follows proper procedures.

To enforce implied consent, police officers must:

• Have reasonable suspicion to pull you over for a traffic violation (e.g., erratic driving).
• Lawfully arrest you for suspicion of DUI before invoking implied consent laws.
• Read you the state-specific Implied Consent Notice.
• Administer breath or chemical tests within the required time frame.

Failure to follow these steps could result in test results being inadmissible in court.

Implied Consent in South Carolina vs. Georgia

Each state has its own procedures and requirements regarding implied consent laws.

Implied Consent in South Carolina

• Officers must inform you verbally of the state’s implied consent laws and provide a written copy.
• Breath tests must be conducted within two hours of arrest.
• Blood tests must be performed within three hours of arrest.
• The breathalyzer operator must be certified by the South Carolina Criminal Justice Academy.
• If officers fail to properly inform you of your rights, your refusal may be overturned in court.

Implied Consent in Georgia

• Officers must read the correct Implied Consent Notice based on your age and license type (three versions exist).
• The officer cannot provide misleading or inaccurate information about implied consent.
• A refusal to take a test results in an immediate license suspension for 12 months (with no eligibility for a hardship license).

What Happens If You Refuse a DUI Test?

You have the right to refuse a breath, blood, or urine test after a DUI arrest. However, refusal comes with serious consequences.

Consequences of Refusing a Chemical Test:

• License suspension (6–12 months or longer for repeat offenses).
• Potential use of refusal as evidence in your DUI case.
• No refusal laws in some states allow officers to obtain a warrant for testing.

Refusal Penalties in South Carolina

• First Offense: 6-month license suspension.
• Second Offense: 9-month suspension.
• Third Offense: 12-month suspension.
• You may be eligible for an Ignition Interlock Device (IID) to regain driving privileges.

Refusal Penalties in Georgia

• Refusal results in an automatic 12-month “hard suspension.”
• No limited or hardship license is available.
• Out-of-state drivers lose their driving privileges in Georgia but not their home state license.

Can You Fight an Implied Consent Violation?

Yes. A DUI defense attorney can challenge implied consent violations based on:

• Lack of probable cause for the DUI stop.
• Failure to properly read Implied Consent Notices.
• Testing done outside the required time frame.
• Errors in breathalyzer calibration or administration.

An experienced DUI lawyer can contest these violations and work to reinstate your driving privileges.

Call 843-865-8922 today to discuss your legal options.

Why Should You Contact a DUI Lawyer Immediately?

A DUI conviction or implied consent violation can have serious consequences on your freedom, career, and reputation.

Important Deadlines:

• You have 30 days or less to request an administrative hearing to challenge a license suspension.
• Failure to act quickly could result in an automatic loss of your driving privileges.

A DUI defense attorney can:

• Investigate whether your rights were violated.
• Challenge the legality of your arrest.
• Fight to reduce or dismiss charges.

Frequently Asked Questions (FAQs) About Implied Consent & DUI Arrests

1. Can I refuse a DUI test without consequences?

No. Refusing a breath, blood, or urine test results in automatic license suspension in South Carolina (6+ months) and Georgia (12 months). However, you may be able to challenge the suspension in court.

2. Can a DUI lawyer help me get my license back after a refusal?

Yes. A DUI attorney can challenge your license suspension, file for an administrative hearing, and explore options for reinstatement, such as Ignition Interlock Devices (IIDs).

3. Will my refusal be used against me in court?

Yes. Prosecutors often argue that a refusal indicates guilt, but a lawyer can challenge this assumption and work to exclude the refusal as evidence.

4. What happens if the officer doesn’t read me my Implied Consent Notice?

If officers fail to properly inform you of implied consent laws, your test results or refusal penalties may be dismissed.

5. How soon should I contact a lawyer after a DUI arrest?

Immediately. You have limited time to contest license suspension and DUI charges. The sooner you contact an attorney, the better your chances of a favorable outcome.

Get Legal Help Now – Contact a DUI Defense Lawyer Today

If you have been arrested for DUI or refused a chemical test, don’t wait. Your freedom and driving privileges are on the line.

At Bannon Law Group, LLC, our experienced DUI defense attorneys are ready to fight for your rights and help you navigate the legal process.

Call 843-865-8922 or contact us today to schedule your consultation.