If I am arrested for driving under the influence, do I have to take a breath test?
In South Carolina, the law says that any person who is asked to take a breath test may refuse to take the test. However, depending upon the circumstances, the person refusing will suffer some form of administrative action against his or her driver’s license by way of suspension of the driver’s license or driving privileges if he or she is not a resident of South Carolina.
The Harris Law Firm recommends in the vast majority of cases that individuals submit to breath testing as it is often easier to explain the inaccuracies of the breath testing device than to explain the refusal. However, South Carolina has recently enacted a so-called “Per-Se” DUI Law. If and when that law is broadly enforced, the advice and opinion of the Harris Law Firm on the taking of the breath test might well change. Updates will be posted on this Web site.