Can you refuse a field sobriety test?

In South Carolina,refusing a breathalyzer test will result in a suspension of your driver’s license for 6 months. But refusing a “Field Sobriety Test” is your right.

If you refuse, the officer might arrest you under suspicion of DUI (Driving under the influence of alcohol or another intoxicating substance) but it doesn’t mean you lose your license automatically as if you refuse a breathalyzer.

A field sobriety test can do two things. The first is give evidence to the police. If you appear shaky or confused and it is on camera, be assured it will be used against you, even if you were in anxious from being pulled over or in shock after an accident.

Secondly, the public humiliation of having your friends family and even employer see you in a vulnerable state – even if you are never convicted – can ruin relationships, marriages and jobs.  In today’s internet world your test might show up on YouTube, Twitter or Facebook. Then the world will judge you no matter what the facts are.

The police are just trying to do their job, which is to get arrests. You don’t have to help them.

Our advice is to refuse the field sobriety test. Don’t answer questions and ask to call your lawyer at (843)249-2252.