Routine traffic stops can be troubling experiences for some drivers, particularly if they are nervous about failing a breath alcohol test. In South Carolina, a driver is considered too intoxicated to drive when their blood alcohol content is greater than .08 percent. Drivers have the right to refuse to take a breath alcohol test if a police officer asks to perform one; however, there are consequences to refusing a test.
According to South Carolina drunk driving laws, the state assumes that all licensed drivers consent to drug and alcohol testing, including breath tests, if an officer detains them on suspicion of DUI. The law requires that a license suspension of at least six months follow a refusal to take a test. The driver's refusal to take the test can be submitted as evidence of the driver's intoxication in court. When a driver refuses to submit to a test, an officer may choose to pursue a blood test. However, police must obtain a warrant before a blood sample can be taken.