A Rock Hill woman was arrested for driving under the influence (“DUI”) after she apparently had too much to drink before driving her child to school that morning.
According to a police report, the incident occurred around 7:30 a.m. on Friday, when a Rock Hill officer clocked a minivan going 40 mph in a 25 mph school zone, off of Oakdale Road. The officer attempted to stop the vehicle by turning on his “blue lights,” yet the intoxicated driver refused to pull her car over.
The woman eventually pulled over onto Strait Road, after leading the officer on a wild goose chase down numerous side streets. When the officer searched the woman’s vehicle, he found a water bottle full of beer in the car. The woman refused a breathalyzer at the scene and she was arrested for DUI and child endangerment.
In the state of South Carolina, if a person refuses to submit a chemical test, their driver’s license will be immediately suspended for at least 90 days; whether or not it is their first offense. Additionally, the person can still be charged and convicted of a DUI and the fact that they refused to submit a chemical test can be used against you in court to help secure the prosecution’s charge and conviction.
Under the Implied Consent laws in the state of South Carolina, a person who refuses to submit to a breathalyzer test will be taken into to have their blood drawn at the police station. This will cost the person close to $1,000 and will also cost the person un-needed emotion strain. People often times forget that they are not “entitled” to drive on our roadways simply because they are citizens, but rather driving on the street and having a license is a “privilege” and NOT a right.
That being said, when a person is pulled over for drinking and driving, especially if child endangerment is at issue (because the person has a minor in the car while intoxicated), and refuses to give the police officers a breath sample or a blood sample, their license will be automatically revoked for anywhere between six (6) months and one (1) year if a subsequent offender, etc.
The law makes it clear that if you have a child in the car while operating a motor vehicle, this will be considered an aggravating factor, and can be used against you when the evidence comes to light or if your case goes to trial.
In the event that you, or someone you know has been charged with a DUI in South Carolina, contact the law offices of Reeves, Aiken, Hightower, and Burns to consult with one of our criminal DUI attorneys. Call us today at 803-4548-4444 or 877-374-5999 toll-free.