The risk of refusing a sobriety test in South Carolina depends on which test an officer asks you to take. Refusing a post-arrest chemical test can lead to a driver’s license suspension, while roadside field sobriety tests are subject to different rules. If you refused a sobriety test in Greenville, SC, our DUI defense attorneys at Beasley Tomlinson Law can identify what type of test you were asked to take, explain the potential consequences, and examine whether officers followed South Carolina’s testing requirements.
What Are the Different Sobriety Tests?
A “sobriety test” can mean several things. Field sobriety tests are roadside exercises such as the one-leg stand, walk-and-turn, and horizontal gaze nystagmus. They are used to look for signs of possible impairment rather than to measure your blood alcohol or drug level. Chemical tests analyze breath, blood, or urine. South Carolina’s implied-consent law addresses these tests after a qualifying DUI arrest under S.C. Code § 56-5-2950. The legal consequences of refusing these tests aren’t necessarily the same.
What Happens if You Refuse a Field Sobriety Test in Greenville, SC?
Refusing a roadside field sobriety test doesn’t automatically trigger the same license suspension that applies to refusal of a covered chemical test. South Carolina does, however, specifically require field sobriety testing in certain fatal-crash investigations under S.C. Code § 56-5-2948. For an ordinary DUI stop, however, field sobriety tests are different from the chemical tests covered by South Carolina’s implied-consent law.
What Happens if You Refuse a Chemical Test in Greenville, SC?
Refusing a covered chemical test can result in a separate driver’s license suspension, even though a refusal doesn’t automatically mean you’ll be convicted of DUI. South Carolina’s implied-consent law applies to chemical testing of breath, blood, or urine after a qualifying DUI arrest. A refusal can lead to an administrative suspension, which is separate from the criminal DUI case. For a first refusal, the suspension period is six months. Longer suspension periods can apply when a driver has prior qualifying DUI convictions or prior administrative suspensions. You may also have a right to challenge the suspension through the administrative hearing process.
Does Refusing a Test Mean You’ll Be Convicted of DUI?
Refusing a chemical test doesn’t automatically prove that you were driving under the influence or guarantee a DUI conviction. However, South Carolina law allows evidence of your refusal to be used against you in court. The prosecution may also use other evidence, including your behavior, an officer’s observations, statements, field sobriety evidence, video, and any completed chemical testing.
Is it Possible to Challenge a License Suspension?
South Carolina law provides a separate process for challenging a refusal-based suspension. You must request a hearing before the Office of Motor Vehicle Hearings within 30 days of receiving the notice of suspension. The hearing can address issues surrounding your arrest, required warnings, and whether you actually refused the chemical test. Take note, however, that the license proceeding is separate from a criminal DUI case, so dealing with one doesn’t necessarily resolve the other.
Did Refusing a Sobriety Test Put Your Greenville License at Risk? Our Greenville, SC, DUI Defense Attorneys Can Help
Refusing a sobriety test doesn’t have one automatic risk or consequence in South Carolina. The type of test, the circumstances of the arrest, and the procedures law enforcement followed all matter. Complete our[ online form or call Beasley Tomlinson Law at 864-775-5787 to arrange your confidential case review. Our DUI defense lawyers in Greenville, SC, can examine the testing process, challenge problems with the evidence or license suspension, and help you understand what options remain after a refusal.