What Happens if I refuse to blow into the datamaster machine?
A: In South Carolina, a person who refuses to provide a breath sample must have their license immediately suspended for six months. However, that person is eligible for a temporary alcohol license (TAL) during the period of suspension. In order to get this license, the person refusing the test must request an administrative hearing challenging the license suspension ($200 fee) and then go to the DMV and pay a $100 reinstatement fee before getting the TAL. The TAL is very similar to a South Carolina unrestricted driver's license. If the driver wins the administrative hearing, they have their privilege to drive reinstated. If they lose the hearing or do not request the hearing, they must enroll and complete the Alcohol and Drug Safety Action Program ($500 usually) and they may be eligible for a Route Restricted License.
If you have been arrested for a DUI, drug charge, assault charge, or any other criminal offense in South Carolina please call my office to schedule a free interview. I also handle driver's license issues, parole cases, and other matters. If you have questions about a search warrant, arrest warrant, or any other issue involving your personal rights and liberty, please feel free to contact my office as well. At my office, you will receive a free interview in criminal cases. If retained, I will go about protecting your initial court appearance, if possible, and begin investigating the case. If you have questions about a criminal or DUI case or questions about this article, feel free to contact me at (843) 761-0610. If you would like to read more about South Carolina's DUI and criminal laws, copy/paste this link into your search heading http://www.vannoylawoffice.com/blog/
If you have questions regarding a DUI or criminal case in Berkeley, Charleston, or Dorchester County, please contact my office today at (843) 761-0610 or through the contact page on this website.
Brady Vannoy is a criminal defense lawyer in Berkeley County, South Carolina. He carries a Martindale-Hubbell AV Preeminent Rating. According to the rating system, "AV Preeminent(r) is a significant rating accomplishment – a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence."
Brady Vannoy is a member of The National Trial Lawyers, Top 100 Trial Lawyers in South Carolina. You can find his profile at www.thenationaltriallawyers.org.
He regularly defends cases in Berkeley, Charleston, and Dorchester counties. Brady is a member of the South Carolina Association of Criminal Defense Lawyers, The National Association of Criminal Defense Lawyers, and The National Trial Lawyers, Top 100. Brady defends DUI and all types of criminal cases in Berkeley, Charleston, and Dorchester counties along with other areas of the South Carolina low country. He can be reached at (843) 761-0610, brady@vannoymurphy.com, or through the contact page on this website.