One of the first consequences of receiving a DUI is having your license suspended. This can have a sudden and adverse effect on a person’s mobility and life. However, if you still need to drive then there are some options you have to stay mobile.
Different Types of Outcomes
The conviction you receive depends on several factors such as whether or not you agreed to submit to a drug or alcohol test, such a breathalyzer, if the reading was above or below 0.15%, whether or not you’ve had any previous DUIs if you caused any property damage or bodily harm. The three most common types of convictions are Driving With an Unlawful Alcohol Concentration (DUAC), Reckless Driving, and Driving Under the Influence (DUI).
Alternative Licenses
If you are reliant on using your vehicle to go to work or school then you might qualify for an alternative driver’s license that enables you to do the minimal amount of driving necessary for you to continue to live your life.
During an implied consent hearing, which will be discussed more in the next section, you might be granted a temporary alcohol license until you receive a final decision, however long that may be. A provisional license is given to a first-time DUI offender who agreed to take a breathalyzer test and did not blow above 0.15, and it allows you to drive without any restrictions. The final type of license is route restricted license that allows you only go certain places, such as school and work.
Breathalyzer Refusal
In South Carolina, it is implied that drivers have consented to obeying all traffic laws when they exercise the privilege of getting on the road and have consented to take a breath, blood, or urine test to assess for intoxicants. If the accident resulted in injuries to your face that prevent you from using a breathalyzer then the police can request that you instead submit a blood test, which you may also refuse. If you refuse to give a sample for testing then your license will automatically be suspended for at least 6 months.
Additionally, if you refuse to submit to testing then you will have to complete the Alcohol & Drug Safety Action Program (ADSAP).
Emma’s Law
In 2014 a bill was passed and put into the South Carolina Code called Emma’s Law named after a young girl who was killed by someone with a history of drunk driving. The law requires that first-time DUI offenders in the state must blow into an ignition interlock device, or more commonly known as a breathalyzer, to be installed in their car and blown into each time they try to use their vehicle. You may already be familiar with this because of the wide media coverage it had across the state several years ago.
It’s important to understand that your charges might be reduced and yet your license still might be suspended. Timing is crucial to handle everything before it’s too late and you miss important legal deadlines. It’s best to talk to an experienced attorney who has successfully handled many of these cases before to increase your chances of keeping your license. If you’re in the Columbia, SC area then call David W. Farrell, a traffic law firm to schedule your consultation.
