Being pulled over and investigated for DUI is stressful and intimidating. One of the most common questions people have is what happens if they refuse to take the breath test after being arrested. South Carolina law has strict rules about chemical testing, and the decision to refuse can bring serious consequences that many drivers don’t expect. If you've refused a breath test as part of your South Carolina DUI arrest, we begin consultations by explaining to people they have two completely separate cases. There is the DUI which will proceed to court, and the refusal administrative action which will be at the Office of Motor Vehicle Hearings.
You should know at the onset, for most people refusing the breath test increases the likelihood of a more favorable outcome to your DUI case later on. While it can seem confusing and overwhelming, it's a manageable process with our help and one we recommend for anyone charged with DUI.
South Carolina’s Implied Consent Law
South Carolina has what is called an “implied consent” law. This means that by driving on South Carolina roads, you are automatically considered to have given consent to a chemical test of your breath, blood, or urine if you are arrested for DUI. Refusing to take the test when requested by an officer comes with automatic penalties, even before your criminal case goes to court.
Consequences of Refusing a Breath Test
If you refuse to take the breath test in South Carolina, the Department of Motor Vehicles (DMV) will immediately suspend your driver’s license. The length of this suspension depends on whether you have prior offenses. For a first offense, the suspension is typically six months. Repeat offenses or prior DUI history can lead to even longer suspensions.
In addition, a refusal can:
Be used against you in your DUI court case as evidence of guilt
Require you to enroll in the Alcohol and Drug Safety Action Program (ADSAP)
Make you ineligible for certain temporary licenses without a hearing
Result in the requirement of an ignition interlock device
Options After a Refusal
Even if your license is suspended for refusing the test, you have options. You can request an administrative hearing with the Office of Motor Vehicle Hearings to challenge the suspension. If you request this hearing in time, you may also qualify for a temporary alcohol license, allowing you to drive while waiting for the hearing.
At the hearing, we will argue issues such as whether the officer followed proper procedures and whether the implied consent law was correctly applied. Winning the hearing could restore your license sooner and help protect your record.
We file the request for administrative hearing immediately after being retained. Typically, we have the necessary paperwork submitted to the Office of Motor Vehicle Hearings within the first 1-2 hours. Within 2 business days the DMV will update their records and you can receive a replacement driving credential called a temporary alcohol license. This allows you to drive 24 hours a day, without restrictions, without enrolling in ADSAP, installing an ignition interlock device or having SR-22 insurance.
Why Having a Lawyer Matters
Refusing a breath test doesn’t mean your DUI case is over. In fact, it often makes things more complicated. A lawyer can guide you through both the criminal case and the DMV process, protecting your ability to drive and your rights in court. An experienced defense attorney can evaluate whether your refusal was handled lawfully and can raise defenses that may not be obvious without legal training. The outcome of the administrative hearing does not affect what happens in court, and what happens in court does not affect the outcome of the administrative hearing. They are two completely separate processes.
Conclusion
Deciding whether to refuse a breath test in South Carolina is not simple, and the consequences can be severe. If you or a loved one has been arrested for DUI and refused the breath test, don’t wait to get help from an experienced Columbia DUI Lawyer.
Call the Law Office of James R. Snell, Jr., LLC at (803) 359-3301 today. Same-day appointments are typically available.