Should I Blow? Your Friend Said Never Blow. Did They Mention the License Suspension?

What Happens If I Refuse to Blow in South Carolina?

A man performs a roadside sobriety test while officers observe, with a patrol car's lights flashing in the background against a rural backdrop at dusk.

“Should I blow?”

People have strong opinions about this question. Someone’s cousin refused and supposedly beat their case. Someone else blew and wishes they hadn’t. Before long, advice about a decision that can affect your license, your livelihood, and your criminal record starts sounding like a guessing game.

Here is what I want you to understand: refusing a breath test does not make a DUI case disappear. And the consequences can begin before you ever go to trial.

What does refusing actually mean?

South Carolina’s implied consent law treats driving as consent to certain chemical testing following a qualifying arrest. This article addresses the breath test offered after a DUI arrest—not every roadside request or field sobriety exercise.

Refusal triggers an immediate license suspension. With no qualifying prior convictions or suspensions within ten years, the refusal suspension is six months. Qualifying history can increase it to nine, twelve, or fifteen months.

Think about what losing your license would mean for your daily life. Getting to work. Picking up your children. Attending medical appointments. For many people, driving is connected to nearly everything they need to do.

That is why the paperwork you receive after an arrest deserves immediate attention.

You have a deadline to challenge the suspension

You have 30 days from issuance of the suspension notice to request a hearing before the Office of Motor Vehicle Hearings. A timely challenge can allow you to obtain a temporary alcohol license while the matter is pending, subject to eligibility and DMV requirements.

Put that notice somewhere safe and get it reviewed promptly. Waiting until your criminal court date could mean missing the opportunity to challenge your license suspension.

When someone contacts my office about a DUI, I want to know about the license situation right away. A court date several months away can make a person feel like there is plenty of time. The suspension notice may tell a very different story.

Can they still prosecute me without a breath-test result?

Yes. Refusal may be used against you in court, and the State can rely on other evidence. The criminal charge and administrative suspension are separate proceedings.

That is why I look beyond whether someone blew. What does the recording show? Does it support the officer’s description? What happened during the encounter? What explanations need to be investigated?

In my DUI work, one distinction matters enough to repeat: consuming alcohol and being impaired by alcohol are not the same thing.

I want to examine the evidence supporting the accusation. A refusal is part of that review; it does not replace it.

What happens at the license hearing?

Refusal hearings address issues including the lawfulness of the arrest, probable cause, whether a refusal occurred, and the required advisements. If the suspension stands, ADSAP enrollment and ignition interlock requirements or options also need attention.

This is where details matter. I do not want to assume the paperwork tells the whole story. I want to compare it with the recordings and understand what actually happened.

The same careful review matters when someone reports a medical condition or difficulty providing a sample. Tell your attorney about those concerns and provide supporting records so they can be evaluated.

So, should I refuse?

I would be cautious about anyone who gives you an automatic “always blow” or “never blow”

answer without discussing the consequences.

The better question is: What does this decision mean for my circumstances, and what do I need to do next?

If you have already refused, save your suspension notice, ticket, and other arrest paperwork. Write down what you remember while it is fresh, including what the officer told you about testing. Contact an attorney promptly and have your driving status confirmed before driving.

At The Siler Firm, I review both the DUI charge and the license consequences because both can affect your ability to move forward.

You cannot change the decision you made that night. You can take informed action about what happens next.