Open nowLocal DUI attorneyFree & confidential
Call anytime

Implied consent · Refusal

Refused a Breath Test in South Carolina? What Happens Next

Short answer

Refusing a breath test in South Carolina triggers an automatic license suspension: 6 months for a first offense, rising to 15 months for a fourth (S.C. Code § 56-5-2951). The refusal can also be used as evidence against you at trial. You have 30 days to request a hearing to challenge the suspension, and you can end it early with an ignition interlock.

Last reviewed: October 2026Checked against the South Carolina Code of Laws

Open nowAnswered 24/7, nights and weekends too

§ 56-5-2951 · 30 days to request a license hearing§ 56-5-2951 · 6 months suspension for a first refusal§ 56-5-2990 · 6 months of interlock after a first conviction§ 56-5-2930 · first-offense fine can't be suspended§ 22-5-910 · DUI convictions can't be expunged§ 56-1-640 · convictions reported to your home state§ 56-5-2953 · the stop must be on videoS.52 · not law as of October 2026

Why refusing has its own penalty

Under South Carolina's implied consent law, driving here means you've consented to a breath, blood or urine test if you're arrested for DUI. Before the test, you must be told your rights, including that your license will be suspended for at least six months if you refuse and that the refusal may be used against you in court (S.C. Code § 56-5-2950).

Refusal suspension lengths

Offense (priors within 10 years)Suspension for refusal
1st6 months
2nd9 months
3rd12 months
4th or later15 months

(S.C. Code § 56-5-2951(I)). The suspension starts on the date of the arrest.

The refusal can be used against you at trial

A refusal doesn't end the DUI case. South Carolina law lets the prosecution use it as evidence (S.C. Code § 56-5-2950), and you can still be charged with DUI based on how you were driving, field sobriety tests and video, since DUI is about impairment, not a number (S.C. Code § 56-5-2930(A)). Without a test result, though, the case can only be sentenced at the lowest BAC tier.

The breath test site is on video

South Carolina requires the breath test site to be video recorded, including the whole procedure, you being told you're being recorded and that you have the right to refuse, and you taking or refusing the test (S.C. Code § 56-5-2953). Recording problems are a common defense issue, so ask an attorney to get the video early.

How to get driving again

  • Within 30 days: request a contested case hearing before the SC Office of Motor Vehicle Hearings (a filing fee applies). The hearing looks at whether you were lawfully arrested, properly advised of your rights, and actually refused.
  • Get a $100 temporary alcohol license so you can drive while the hearing is pending.
  • Or end the suspension with an ignition interlock. The device stays on for the time left on the suspension, with a three-month minimum (S.C. Code § 56-5-2951(I)(3)).

Find your exact date with the 30-day hearing deadline calculator.

Refused and not sure what to do first?

The 30-day clock is already running. A local DUI attorney can tell you whether to request the hearing, take the temporary license or choose interlock. Call anytime.

Visitors who refused

If you have an out-of-state license, the suspension applies to your privilege to drive in South Carolina, and South Carolina notifies your home state's motor vehicle agency (S.C. Code § 56-5-2951(K)). See DUI on vacation in Myrtle Beach for the rest of the picture.

Frequently asked questions

What is the penalty for refusing a breath test in SC?

An automatic license suspension: 6 months for a first offense, 9 months for a second, 12 for a third and 15 for a fourth or later, counting priors within 10 years.

Can a refusal be used against me in court in South Carolina?

Yes. South Carolina law says a refusal may be used against you in court, and the breath test site video records the refusal.

Can I still be charged with DUI if I refused the breath test?

Yes. A DUI charge in South Carolina can rest on evidence of impairment, such as your driving, field sobriety tests and video, without a breath result.

How do I get my license back after refusing a breath test?

Within 30 days you can request a contested case hearing and get a $100 temporary alcohol license. You can also end the suspension early by enrolling in the Ignition Interlock Device Program.

I'm from out of state. Does a South Carolina refusal affect my license at home?

South Carolina suspends your privilege to drive here and notifies your home state's motor vehicle agency. Your home state then applies its own rules.

Related guides

Arrested in Myrtle Beach or anywhere in Horry County?

Call anytime, or request a callback. A free, confidential case review with an independent local DUI attorney. No obligation.