The machine used to test breath alcohol in South Carolina is called the DMT, known as the Datamaster or commonly referred to as the “breathalyzer.” If you refuse a breath test, the arresting officer will confiscate your license on the spot, and your driver’s license will be suspended for six months. The officer will then provide you with the forms posted on the right side of this page. One of the forms provided should be the pink colored “Notice of Suspension” form. You can request an Administrative Hearing using the back side of this form.
YOU MUST CONTEST THIS SUSPENSION BY REQUESTING AN ADMISTRATIVE HEARING WITHIN 30 DAYS OF YOUR ARREST.
In addition to the suspension, you will be required to enroll in the ADSAP program which costs a minimum of $500 and can be as expensive as $2000 taking up to six months to complete.
The Kulp & Elliot immediately fights to have our client’s driver’s license suspension lifted and prevent them from having to enroll in ADSAP. The first day we speak with clients we begin the process of obtaining their temporary alcohol license which allows a person to drive with no restrictions while we challenge their suspension in court. In most cases, our clients have their temporary alcohol license and are back on the road in as few as five business days.
In addition to the Notice of Suspension form posted below, the arresting officer will also give you the Advisement of Implied Consent Right and Data Master form which shows your BAC reading as “REFUSED.” At the bottom of your Data Master form which is posted below there is a “Subject ID” and Subject Password which allows you to view the video recording of your breath test at the SLED Implied Consent site.
Kulp & Elliot accepts cases in Charleston, North Charleston, Mt. Pleasant, Summerville, Goose Creek, Hanahan, Moncks Corner, Ladson, James Island, West Ashley, Folly Beach, Sullivans Island, Isle of Palms, Awendaw, McClellanville South Carolina.