What to Expect if You Refuse a Breath Test
Refusing a breath test results in an immediate driver’s license suspension, and it can remain in place even if a DUI charge is later dismissed. While refusal is not treated as a separate criminal offense in South Carolina, it still triggers significant consequences.
Right Away: Your License Is Suspended
The arresting officer takes your license on the spot and hands you a notice of suspension. A first refusal carries a six-month suspension, and prior offenses lengthen it. You may return to the road sooner by enrolling in the required program and installing an ignition interlock device on your vehicle.
In Court: Your Refusal Can Become Evidence
When a breath test is refused, prosecutors cannot rely on a blood alcohol reading and may instead argue that the refusal suggests awareness of impairment. That inference is not one-sided.
South Carolina law requires officers to video record the implied consent warning and testing process. When that footage is missing, incomplete, or inconsistent with the written report, both the refusal and the underlying charge can be significantly weakened.
At the Scene: When Refusal Has Limits
The right to refuse a chemical test is limited. When officers believe a crash involving serious injury or death occurred, the case may be charged as felony driving under the influence, and law enforcement can obtain a warrant for a blood draw.
In a routine traffic stop, a breath sample cannot be physically compelled, and refusal generally results in licensing consequences rather than a forced test.
Within 30 Days: Your Hearing Window
You can challenge the suspension, but the timing is unforgiving. Request a hearing within 30 days, and an officer reviews points such as:
- Lawful cause for the traffic stop
- A proper, valid arrest
- A warning that was read and recorded
- Testing that followed the required procedure
Under South Carolina Code Section 56-5-2951, this hearing happens before the state Office of Motor Vehicle Hearings, carries a $200 fee, and stays separate from your criminal case. Missing the 30-day deadline ends your chance to fight the suspension. Greenville drivers file through that same statewide office.
Before Driving Again: The Required Program
Getting back on the road takes more than waiting out the suspension. Reinstatement usually calls for:
- Enrollment in the Alcohol and Drug Safety Action Program (ADSAP)
- Any assessment or treatment it recommends
- Payment of reinstatement fees
- An ignition interlock device, in some cases
The Alcohol and Drug Safety Action Program assesses whether you have an alcohol or drug issue and assigns classes or counseling based on the result. Costs can reach a couple of thousand dollars, and the program may last months, so finishing promptly keeps reinstatement on track.
Taking Action: Requesting an Implied Consent Hearing
A refusal suspension can disrupt your job, your routine, and your family life, but a timely hearing request keeps your options open. With more than 25 years of experience, the lawyers at Ryan Beasley Law intentionally take on fewer cases so they can give clients the attention and deliver the justice they deserve. Call (864) 756-4204 or contact us online to request your hearing before the deadline passes.