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 |
|---|---|
| 1st | 6 months |
| 2nd | 9 months |
| 3rd | 12 months |
| 4th or later | 15 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.
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
License suspension & the 30-day hearing
Refused or tested .15+? You have 30 days to request a hearing. Includes a deadline calculator.
Read the guideSouth Carolina DUI penalties
Fines and jail for 1st through 4th offense at every BAC tier, felony DUI, interlock and license rules.
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A calm checklist for the day after: paperwork, the license deadline, your court date.
Read the guideWhat happens after a DUI arrest
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