Can you refuse a breathalyzer if you’re pulled over for DUI? Here’s what SC law says
Many people celebrate the new year with a toast, whether that be Champagne or some other alcoholic drink.
However, if you do too much celebrating and then try to drive this holiday, you may find yourself being pulled over by police.
South Carolina Department of Public Safety announced on X, formerly Twitter, that drivers across the state will see additional law enforcement over the next two days as highway patrol will conduct special enforcement through Jan. 1.
If you are pulled over, do you have to take the breathalyzer test that is typically administered to determine if someone is driving under the influence of alcohol?
The short answer is no, but there are consequences for refusing to do so under South Carolina law.
What the law says
The legal blood alcohol content to drive is .08%.
Under South Carolina’s implied consent laws, motorists who drive in the state have consented to take a breath test upon request, and failure to do so could result in charges or penalties. According to the law, you must legally consent to any chemical testing if a police officer pulls you over, according to the Ryan Beasley Law firm in Greenville.
If you refuse to perform a field sobriety test or take a breath test, you could be arrested for DUI anyway and have your license suspended. Refusing to take a breath test results in an automatic suspension of your license for six months.
What to do if you’re stopped
The best decision is to comply and be respectful, attorneys say.
That includes providing your driver’s license and getting out of the vehicle if asked to do so. Refusal to do either could result in a person being arrested on such charges as having no license or disobeying an officer.
DUI checkpoints are legal under federal law as long as they don’t violate the driver’s rights under the Fourth Amendment of the U.S. Constitution and they are related to roadway safety and not discriminatory.
A U.S. Supreme Court ruling in 1990 allows DUI checkpoints, so long as certain requirements are met. Some of the guidelines include that the checkpoint must be publicly announced in advance, the location must be selected based on data that shows a high risk of DUI violations in the area and officers can not stop vehicles randomly, but instead use a specific pattern.
