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Can I Refuse a Breathalyzer or Blood Test?

November 01, 2025

| Criminal Defense

Pulled over for a DUI? You are not permitted to refuse a chemical test (breathalyzer test or blood test) without penalty in the state. The reason is that South Carolina has an implied consent law. A DUI refusal carries serious penalties. Here, our Columbia DUI defense lawyer explains the key things to know about refusing a breath test and/or blood test in South Carolina.

Under South Carolina law (South Carolina Code Section 56-5-2950), any person who operates a motor vehicle in the state automatically gives consent to a chemical test of breath, blood, or urine if lawfully arrested for driving under the influence. To be clear, the refusal does not prevent arrest. Instead, it triggers administrative penalties that are separate from any criminal prosecution. State law requires that officers read a “Notice of Implied Consent Rights” before testing. You are also entitled to request an independent test by a qualified medical professional at your own expense, but only after the officer’s test is completed.

What Happens if You Refuse a Breathalyzer or Blood Test in South Carolina

Refusing a chemical test carries immediate administrative consequences. For a first refusal, the Department of Motor Vehicles (SCDMV) will suspend your driver’s license for six months. A second refusal results in a nine-month suspension, and a third leads to a one-year suspension. Beyond that, drivers must complete the Alcohol and Drug Safety Action Program (ADSAP) before reinstatement of their driver’s license in South Carolina. Further, you can still face criminal DUI charges even if you refused to comply with a test. Your refusal can be introduced as evidence in a criminal DUI trial.

The law applies only when a driver is lawfully arrested for DUI or DUI-related offenses. An officer must have probable cause (not just suspicion) to request testing. In other words, South Carolina’s implied consent law applies only after a lawful arrest for DUI or a related offense. Officers must establish probable cause before requesting a chemical test. Pre-arrest refusals carry no penalty under S.C. Code § 56-5-2950.

It should be noted that the implied consent statute also applies to drivers operating on any public road, highway, or area open to motor vehicle traffic in South Carolina. For Columbia-area drivers, this includes private parking lots accessible to the public. If you have any questions about a DUI refusal, our Columbia DUI defense lawyer can help to protect your rights.

Speak to Our Columbia, SC DUI Defense Attorney Today

At the Law Office of Jonathan M. Harvey, our South Carolina DUI defense lawyer has the knowledge and experience to help you navigate any type of charge. If you have any questions or concerns about a DUI refusal, please don’t hesitate to contact us for a confidential and non-committal case review. We defend DUI refusal cases in Columbia and throughout all of South Carolina.