After a field sobriety test during a South Carolina traffic stop, a driver should expect to be arrested regardless of how the test goes, then taken into custody for a breath sample. The Greg McCollum Complete Legal Defense Team explains that these tests are designed to produce a failure result, and drivers have the right to decline them. Understanding the arrest process that follows can help reduce confusion during a stressful situation.
Field Sobriety Tests Are Failure-Based
Field sobriety tests administered during a Myrtle Beach traffic stop are structured in a way that makes passing difficult. A driver can choose to politely decline the test rather than attempt it. Whether the test is completed or declined, the outcome for the driver tends to be the same: an arrest.
Watch Greg McCollum explain this in detail
Arrest Typically Follows Regardless of Test Performance
In many cases, a driver will be arrested after a field sobriety test no matter how the test itself went. Officers generally proceed with the arrest and transport the driver in for a breath sample as the next step in the process. Declining the test does not prevent the arrest from happening.
What the Arrest Process Looks Like
Once the decision to arrest is made, officers typically direct the driver to turn around with hands at their sides or placed on the patrol car. Handcuffs are then applied, which can be an uncomfortable and unfamiliar experience for many drivers. The driver is walked back to the patrol car and placed inside.
Waiting in the Patrol Car
After being placed in the patrol car, a driver remains handcuffed and locked inside while officers complete paperwork and arrange for a tow truck to remove the vehicle from the scene. This part of the process is often described as an unpleasant experience for the driver.
Frequently Asked Questions
Do I have to complete a field sobriety test in South Carolina? No. A driver can politely decline to perform a field sobriety test during a traffic stop.
Will declining the field sobriety test stop me from being arrested? Not necessarily. In many cases, an arrest can still follow even if the test is declined.
What happens immediately after the arrest? A driver is typically handcuffed, placed in the patrol car, and taken in for a breath sample while officers complete paperwork and arrange for the vehicle to be towed.
Why do officers still want a breath sample after the field test? The breath sample is generally used as the next step in the process after the field sobriety test and arrest.
What should I do if I am arrested for DUI in Myrtle Beach? Contacting a criminal defense attorney as soon as possible helps a person understand the charges and next steps.
A DUI arrest can feel overwhelming, especially once handcuffs and a patrol car are involved. Greg McCollum brings roughly 30 years of experience and a background as a former prosecutor to DUI cases in the Myrtle Beach area, offering guidance to clients who are trying to make sense of an unfamiliar and stressful process.
If you have questions about a DUI arrest, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.
