What Happens If I Refuse a Breathalyzer Test in South Carolina or Georgia?

Both states allow prosecutors to use your refusal as evidence against you in court.

Consequences of Refusing a Breathalyzer Test in South Carolina or Georgia

1. Administrative License Suspension (ALS)

The most immediate consequence of refusing a breathalyzer test is an automatic suspension of your driver’s license by the Department of Motor Vehicles (DMV) in South Carolina or the Georgia Department of Driver Services (DDS).

License Suspension Periods for Refusal:

South Carolina:

• First Offense – 6-month suspension
• Second Offense – 9-month suspension
• Third Offense – 12-month suspension
• Fourth Offense or More – Permanent revocation

Georgia:

• First Offense – 12-month hard suspension (No limited permit available)
• Second Offense – 3-year suspension
• Third Offense – 5-year suspension

You have only 30 days to request a hearing to challenge the suspension. Call 843-865-8922 immediately!

2. Courtroom Consequences: Can Refusal Be Used Against You?

• Yes – In both South Carolina and Georgia, your refusal can be used as evidence against you.
• Prosecutors can argue that your refusal indicates guilt.
• The jury will be instructed to infer impairment based on your refusal.

Even without breathalyzer results, police can use other evidence like:

• Field sobriety tests
• Dashcam footage
• Witness testimony
• The officer’s observations

Are Breathalyzer Results Always Accurate?

Many people assume breathalyzer tests are 100% reliable, but they can produce false readings due to:

• Improper calibration of the device
• Officer error in administering the test
• Medical conditions (acid reflux, diabetes, asthma)
• Mouth alcohol contamination (mouthwash, gum, burping, etc.)

A skilled DUI defense attorney can challenge the accuracy of the test and suppress unreliable results in court.

Call 843-865-8922 today to discuss your defense strategy.

Should You Refuse a Breathalyzer Test in South Carolina or Georgia?

Consider the Consequences:

• Refusing means an automatic license suspension (even if you are not convicted of DUI).
• Refusal can be used against you in court.
• Breathalyzer results can sometimes be challenged due to testing errors.
• If convicted of DUI, penalties increase for refusal.

What Is the Best Option?

If you believe you are under the legal limit, taking the test may be a better option to avoid an automatic license suspension. However, if you refuse, you should immediately hire a DUI attorney to challenge the suspension and build a strong defense.

Get legal help today – Call 843-865-8922.

Frequently Asked Questions (FAQs) About Breathalyzer Refusal in South Carolina & Georgia

1. Will I go to jail for refusing a breathalyzer test?

• No, refusal alone does not result in jail time.
• However, if you are charged with DUI, you could face jail time depending on prior offenses and case circumstances.

2. Can I get a hardship license if my license is suspended?

• South Carolina: Yes, you may qualify for a Temporary Alcohol Restricted License (TARL) or Ignition Interlock Device (IID).
• Georgia: No – Georgia does not offer hardship permits for refusal suspensions.

3. Can I refuse a field sobriety test too?

• Yes, you can legally refuse field sobriety tests (walk-and-turn, one-leg stand, HGN eye test).
• There is no license suspension for refusing these tests.
• However, officers may still arrest you if they believe you are impaired.

4. Can I fight a license suspension after refusing a breathalyzer test?

• Yes, you can request an administrative hearing within 30 days to fight the suspension.
• A DUI lawyer can challenge the legality of the stop and whether proper procedures were followed.

5. If I refuse, can the police still get my BAC?

• Yes, officers can obtain a warrant for a blood test in some situations.
• Georgia has “No Refusal” laws, meaning officers may obtain a warrant immediately.
• South Carolina does not have “No Refusal” laws, but police may still seek a warrant for a forced blood draw.

6. What happens if I’m an out-of-state driver and refuse a breathalyzer?

• Your driving privileges in South Carolina or Georgia will be suspended.
• Your home state may also suspend your license due to interstate agreements.
• Hiring a local DUI attorney is critical to protect your driving rights.

Need help fighting a DUI charge? Call 843-865-8922 today.

Contact an Experienced DUI Defense Attorney Today

If you have refused a breathalyzer test or have been charged with DUI, time is critical. You only have 30 days to request a hearing to fight your license suspension.

At Bannon Law Group, LLC, we will:

• Challenge your DUI charge and fight for dismissal or reduced penalties.
• Defend against your license suspension and explore hardship license options.
• Investigate officer misconduct or procedural violations to suppress evidence.

Call 843-865-8922 or contact us today to schedule your free consultation.