Can I Refuse Field Sobriety Tests and a Breathalyzer Test During a DUI in South Carolina?

The quick answer is, yes: You may refuse the field sobriety and/or Breathalyzer tests when stopped or arrested under suspicion of DUAC or DUI in Rock Hill & Greenville, South Carolina.

At the David W. Martin Law Group, our criminal defense attorneys in Greenville know that refusal comes with immediate consequences.

When pulled over for suspicion of DUI in South Carolina, drivers will be asked if they will consent to field sobriety tests.

You then have two options: Accept or refuse.

What Happens if I Refuse Field Sobriety Tests in South Carolina?

When you are stopped by police and they suspect that you have been drinking alcohol or have potentially taken a drug, the officer will likely ask you to perform field sobriety testing.  This testing is how the police gather evidence to use against you for a DUI or DUAC arrest.  You have the constitutional right to refuse to participate in these tests.  There are many reasons why someone should refuse to participate in field sobriety testing:

  • A normal lack of balance
  • Medical issues that prevent the ability to properly perform the tests
  • Lack of trust in the testing process
  • Not giving police evidence to use against you

If you refuse to participate in field sobriety tests, you will typically be arrested for DUI and be taken to a nearby police station for a breathalyzer or Datamaster breath test.

What Happens if I Refuse a Breathalyzer in South Carolina?

When you drive in Fort Mill & Greenville, South Carolina, you have agreed that if arrested for DUI or DUAC you will provide a breath sample for alcohol testing.  This testing is conducted with the Datamaster DMT machine in South Carolina at a nearby police station.  You do have the constitutional right to refuse this test, no matter what you have heard, or what the officer tells you.  However, if you refuse to take the breathalyzer exam then your driver’s license or privilege to drive will be suspended for at least six months, or more if this is not your first offense.

Further, drivers who have their license suspended for refusing testing will also be required to complete the Alcohol and Drug Safety Action Program, obtain an evaluation and complete any recommended treatment, and potentially be required to have an ignition interlock device (“blow and go”) installed in their vehicles.

Our Fort Mill & Greenville DUI attorneys can help you navigate the complexities of these situations to get you back on the road as soon as possible and legally driving again.  We will pursue the best legal outcome, which may include helping you obtain a temporary license or even a “route restricted” license, so you can continue to drive to work and other essential obligations.

How Can a South Carolina DUI Attorney Help Defend My Case?

Refusing to participate in a breathalyzer test will result in a minimum mandatory license suspension of six months, and the physical forfeiture of your license at the time of your arrest.

To help you get back on the road, our Fort Mill & Greenville DUI attorneys at the David W. Martin Law Group will appeal to the police officer’s decision to suspend your license and represent your case during an administrative hearing.

A Temporary Alcohol License will allow you to drive until the hearing officer can determine whether the license was appropriately suspended or not.

Contact Our DUAC or DUI Lawyers in SC At Davit Martin Law Group For consultation.

Our DUI attorneys in Fort Mill & Greenville work tirelessly to provide our clients with access to the resources they need to achieve success, which may include petitioning the court for a temporary license, so they can continue to go to work or school.

If you have been charged with a DUI for refusing a breathalyzer, contact our experienced criminal defense attorneys in Fort Mill, South Carolina today to learn more about your charges by calling (803) 548-2468 to schedule a consultation.


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David W. Martin Law Group

108 Springs Street
Fort Mill, SC 29715-1722
(803) 548-2468

1061 Red Ventures Drive, Suite 145
Fort Mill, S.C. 29707
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Greenville, SC 29601
(803) 590-1958

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Spartanburg, SC 29302
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Rock Hill, SC 29730
(803) 985-9200

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Bluffton, SC 29909
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Myrtle Beach, SC 29577
(854) 854-5623

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Mt. Pleasant, SC 29466
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1501 Main Street,
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