Every summer, law enforcement agencies across South Carolina increase DUI patrols. If you’re pulled over on suspicion of DUI, understanding your rights could significantly impact your case.
At Bannister, Wyatt & Stalvey, our Criminal Defense Team helps clients understand their legal rights and build defenses against DUI charges.
This guide explains what South Carolina law requires and what you have the right to decline in a DUI traffic stop
What to Avoid
Common Mistakes People Make During a DUI Stop
◊ Talking too much
Drivers often try to talk their way out of an arrest, but their statements can be used against them in court.
◊ Performing field sobriety tests not knowing their rights
Drivers often try to talk their way out of an arrest, but their statements can be used against them in court.
◊ Not asking for an attorney
You have the right to legal representation. Use it.
◊ Assuming cooperation will help
Being respectful is important, but volunteering information or taking unnecessary tests has potential to hurt your case
Providing Information
Under South Carolina law, when an officer pulls you over, you are required to provide three things. Failing to provide these documents can result in separate traffic citations. However, beyond these three items, your legal obligations become much more limited.
You Are Legally Required to Provide 3 Things:
01 | Your driver’s license
02 | Vehicle registration
03 | Proof of insurance
You Are Not Legally Required to answer questions like:
◊ “Where are you coming from tonight?”
◊ “Have you been drinking?”
Many drivers assume they must answer every question an officer asks. That’s not true. You have the right to remain silent. Being respectful is important, but you are not legally required to provide information that could be used against you.
Understanding the Different Tests
If an officer suspects you’re impaired, they will likely ask you to perform various tests. It is important to know that not all tests are treated the same under South Carolina law.
01 | Roadside Field Sobriety Tests
Field sobriety tests are physical and cognitive tests performed on the side of the road.
Common examples include:
◊ Walk-and-turn test
Walking in a straight line, heel-to-toe, then turning and walking back
◊ One-leg stand test
Standing on one leg while counting
◊ Horizontal gaze nystagmus (HGN)
Following a pen or flashlight with your eyes
Field sobriety tests are designed to give the officer probable cause to arrest you and can be highly subjective.
They rely on the officer’s judgment and can be affected by:
◊ Nervousness or anxiety
◊ Medical conditions
◊ Uneven pavement or poor weather conditions
◊ Footwear
◊ Age or physical fitness
You can refuse these tests
02 | Portable Breath Test (PBT)
A portable breath test (PBT) is a handheld device that officers use on the roadside to screen for alcohol. It’s different from the official breathalyzer test conducted at the police station.
The PBT is a screening tool. Its results are less reliable than the breathalyzer used at the station, and it’s primarily used to help the officer decide whether to arrest you.
You can refuse the PBT
03 | Chemical Test at the Police Station
When you obtained your South Carolina driver’s license, you gave implied consent to submit to chemical testing (breath, blood, or urine) if you are arrested for DUI. This law is codified in S.C. Code § 56-5-2950.
If you refuse the breathalyzer test at the police station (typically the DataMaster machine), you will face an automatic driver’s license suspension, even if you are never convicted of DUI.
Refusal penalties under South Carolina law:
◊ First refusal
6-month license suspension
◊ Second refusal (within 10 years)
9-month license suspension
◊ Third refusal (within 10 years)
15-month license suspension
Refusing this test = automatic license suspension
The Key Difference: Roadside vs. Station
◊ Roadside field sobriety tests & portable breath test
Help the officer decide whether to arrest you. Refusing them carries no automatic penalty.
◊ Breathalyzer at Station or other chemical test
Used as evidence to prosecute you. Refusing it triggers an automatic license suspension under South Carolina’s implied consent law.
What Happens If You’re Arrested?
If you’re arrested for DUI, the officer will take you to the police station or detention center. You will be asked to submit to a breathalyzer test (or blood test in some cases).
At this point, you should:
◊ Ask to speak with an attorney
Used as evidence to prosecute you. Refusing it triggers an automatic license suspension under South Carolina’s implied consent law.
◊ Understand the consequences of refusal
Used as evidence to prosecute you. Refusing it triggers an automatic license suspension under South Carolina’s implied consent law.
◊ Do not make statements without your attorney present
Anything you say can and will be used against you.
The sooner you contact a DUI Defense Attorney the better. Early intervention could make a significant difference in the outcome of your case. Contact Us today for a free consultation.
How a DUI Defense Attorney Can Help
If you’ve been charged with DUI in South Carolina, an experienced attorney can:
◊ Challenge the traffic stop
If the officer didn’t have reasonable suspicion to pull you over, the stop may be illegal, and the evidence could be suppressed.
◊ Question the field sobriety tests
These tests are subjective. An attorney can challenge their accuracy and administration.
◊ Challenge the breathalyzer results
Breathalyzer machines must be properly calibrated and maintained. Errors in testing procedures can invalidate the results.
◊ Negotiate with prosecutors
In some cases, an attorney can negotiate reduced charges or alternative sentencing options.
◊ Defend you at trial
If your case goes to trial, a defense attorney will work to protect your rights and present your defense.
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This post provides general information about South Carolina law and does not constitute legal advice. Every case is different. For advice about your specific situation, contact an attorney.
