This post covers the DUI tests used in South Carolina. It explains the three standardized field sobriety tests conducted on the roadside, whether a person has the right to refuse testing, and what happens to a driver’s license after a refusal.
Frequently Asked Questions
What kinds of field sobriety tests are conducted in South Carolina?
In South Carolina, the three standardized field sobriety tests that are conducted on the roadside where someone is being investigated for DUI are:
• A heel-to-toe walk, where someone walks a line while counting aloud (or an imaginary line on the pavement).
• One where someone stands and holds one foot about six inches off the ground and counts aloud with their hands by their side.
• One where a person is supposed to follow a pen held in front of their face, that’s called a horizontal gaze nystagmus.
Those are the three standardized field sobriety tests that are typically used in South Carolina.
If I am pulled over on suspicion of DUI, can I refuse to take the Field Sobriety Tests?
If you’re stopped and being investigated for suspicion of DUI, yes, you have the absolute right to refuse to take any type of breath test. If you do refuse to take the breath test, though, in South Carolina your license will be immediately suspended. But you have the right to refuse the test. The State cannot make you take the test.
Do you have to take a breath test if stopped for a DUI?
In South Carolina, if you’re stopped for DUI, the state must offer you a breath test. You do not have to take it. If you refuse to take it, your license will be suspended, and you’ll be charged with DUI.
If you take the breath test, then, depending on your reading, you may be charged with DUI, and you may be asked to take a drug test, depending on the circumstances and what the officer believes to be the case in terms of your intoxication.
A DUI stop moves quickly, and the decisions made on the roadside can affect a case for a long time. Greg McCollum brings 30 years of experience to DUI defense in South Carolina, including his background as a former prosecutor. That background gives the Greg McCollum Complete Legal Defense Team insight into how these cases are built, which can help when explaining your options and what may come next.
If you have questions about DUI tests in South Carolina, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.