South Carolina · DUI · Checked October 2026

Refusing a Breath or Blood Test in South Carolina

Refusing a Breath or Blood Test in South Carolina: What Are the Rules?

What happens if you refuse a breath or blood test in South Carolina.

Refusal penalty
License suspended or denied for 6 months on a first refusal (9, 12 or 15 months for a second, third or fourth offense within 10 years). The refusal may be used against you in court. You can end the suspension early by enrolling in the Ignition Interlock Device Program for the remaining time (at least 3 months). If the suspension is upheld or you don't request a hearing, you must enroll in ADSAP
License suspension for refusing
6 months for a first refusal (9 months second, 12 months third, 15 months fourth or subsequent)
Deadline to challenge
30 days

Refusal Penalties in South Carolina

License suspended or denied for 6 months on a first refusal (9, 12 or 15 months for a second, third or fourth offense within 10 years). The refusal may be used against you in court. You can end the suspension early by enrolling in the Ignition Interlock Device Program for the remaining time (at least 3 months). If the suspension is upheld or you don't request a hearing, you must enroll in ADSAP.S.C. Code § 56-5-2950(B); § 56-5-2951(I)

Official source: refusal penalties (South Carolina)

License Suspension for Refusing in South Carolina

6 months for a first refusal (9 months second, 12 months third, 15 months fourth or subsequent)S.C. Code § 56-5-2951(A), (B), (I); § 56-5-2950(B)(4); § 56-5-2952

Official source: license suspension for refusing (South Carolina)

More on DUI Law in South Carolina

See the full overview of DUI laws in South Carolina and read about implied consent laws in every state.

This page summarizes South Carolina law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in South Carolina can advise on your case.

Frequently Asked Questions

What Happens if You Refuse a Breath Test in South Carolina?

License suspended or denied for 6 months on a first refusal (9, 12 or 15 months for a second, third or fourth offense within 10 years). The refusal may be used against you in court. You can end the suspension early by enrolling in the Ignition Interlock Device Program for the remaining time (at least 3 months). If the suspension is upheld or you don't request a hearing, you must enroll in ADSAP.

How Long Is the Suspension for Refusing?

6 months for a first refusal (9 months second, 12 months third, 15 months fourth or subsequent)

Sources

  1. Implied consent: S.C. Code § 56-5-2950(B); § 56-5-2951(I)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.