Introduction

If you're pulled over on suspicion of driving under the influence (DUI) in South Carolina, one of the key moments during the stop is when the officer requests a breathalyzer test. Many drivers wonder: Can I refuse a breathalyzer test in South Carolina? The answer is yes, but refusing comes with significant consequences. Here's what you need to know if you're stopped in Charleston, Georgetown, Myrtle Beach, or Pawleys Island.

Understanding South Carolina's Implied Consent Law

South Carolina has an implied consent law, meaning that by driving on South Carolina roads, you agree to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a breathalyzer test is within your rights, but it triggers automatic penalties.

Consequences of Refusing a Breathalyzer Test

1. Automatic License Suspension

   • Refusing a breath test results in an automatic suspension of your driver's license for at least 6 months, even if you aren't ultimately convicted of DUI.

2. Ignition Interlock Device Requirement

   • To regain driving privileges after a refusal, you may need to enroll in the Alcohol and Drug Safety Action Program (ADSAP) and install an ignition interlock device on your vehicle.

3. Use as Evidence Against You

   • Prosecutors can argue that your refusal indicates consciousness of guilt, potentially harming your case in court.

Should You Refuse a Breathalyzer Test?

The decision to refuse a breathalyzer test depends on the circumstances. Refusing may limit evidence against you, but it doesn't guarantee you'll avoid a DUI charge. Police can still rely on other evidence, such as:

• Field sobriety test results
• Officer observations (e.g., slurred speech, impaired coordination)
• Witness statements

If you refuse, consult with a DUI defense attorney immediately to build a strong defense.

Defending Against Breathalyzer Refusal Charges

If you've refused a breathalyzer test, a skilled DUI defense attorney can help by:

• Challenging the legality of the traffic stop or arrest
• Examining whether the implied consent warning was properly given
• Identifying procedural errors in your case

Protecting Your Rights in Charleston, Georgetown, Myrtle Beach, and Pawleys Island

A DUI charge—or refusal-related penalties—can have serious implications for your driving record, finances, and future. With an experienced South Carolina DUI defense attorney, you'll have an advocate who knows how to navigate the local courts and protect your rights.

Conclusion

While you can refuse a breathalyzer test in South Carolina, doing so comes with immediate and significant penalties. If you've been charged with DUI or face penalties for refusing a test, contact our offices in Charleston, Georgetown, Myrtle Beach, or Pawleys Island. We'll help you understand your options and fight for the best possible outcome in your case.