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Implied Consent

By driving in South Carolina, you are considered to have agreed to give a breath sample, blood sample, and/or urine sample to determine if you are driving a motor vehicle while under the influence of drugs or alcohol if you are lawfully arrested for Driving Under the Influence. Per SC statute 56-5-2946, you must first be offered a breath test. However, if you are unable to do so, the arresting officer may request that a blood sample be taken. If the officer believes that the driver is under the influence of something other than alcohol, then they may request a urine sample from the driver after the breath test. 

Failing to give a breath and/or urine sample will lead to a driver’s license suspension for six (6) months. However, a driver can request an Administrative Hearing within thirty (30) days of their license suspension in hopes of lifting the suspension. During the time between the hearing being scheduled and the actual hearing date, a driver may be eligible to receive a Temporary Alcohol License (TAL). The TAL will allow a driver to drive anywhere, day or night, until their administrative hearing. If the driver’s license suspension is upheld at the Administrative Hearing then the TAL is no longer valid and driver’s license will remain suspended.

If your license is suspended for an Implied Consent violation, it is important to hire a lawyer within 30 days or risk losing your right to an Administrative Hearing. Our lawyers are experienced in Implied Consent violations. Give us a call at (864) 271-3535.

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