Penalties for Refusing a Field Sobriety Test

Jun 16, 2025 | DUI

[Ellis Law] Penalties for Refusing a Field Sobriety Test- criminal defense lawyer in Greenville SC

If you’re pulled over for suspected DUI in South Carolina, one of the first things an officer may do is ask you to perform a field sobriety test. These roadside tests are designed to help law enforcement detect signs of impairment, but they also raise an important question: Can you refuse a field sobriety test in South Carolina, and what happens if you do?

If you’re facing this situation in Greenville, Spartanburg, or anywhere in the Upstate of South Carolina, here’s what you need to know.

What Are Field Sobriety Tests?

In South Carolina, law enforcement commonly uses three standardized field sobriety tests created by the National Highway Traffic Safety Administration (NHTSA):

  • Horizontal Gaze Nystagmus (HGN): requires drivers to follow a small object (flashlight or pen) with their eyes without turning their head. Based on the results of the HGN, the officer will instruct the driver to complete two additional field sobriety tests.

  • Walk and Turn: Walking heel-to-toe in a straight line and turning as instructed.

  • One-Leg Stand: Standing on one leg while counting.

These tests are often administered immediately after a traffic stop if an officer suspects a driver of DUI. At any point, you can refuse to comply with the tests, either explaining your reasoning or not. There are no immediate consequences, but police officers will usually move on to other methods of gathering evidence that do penalize those who refuse to cooperate.

Reasons Someone May Refuse a Field Sobriety Test

Refusing a field sobriety test does not automatically mean you are guilty or trying to hide something. There are valid reasons why someone may refuse, including:

  • Medical conditions: Issues with balance, vision, or mobility may cause someone to “fail” even when sober.

  • Non-physical impairments: Anxiety, learning difficulties, or trouble remembering instructions could affect performance.

While you can explain your refusal to the officer, it may not stop them from proceeding with other evidence-gathering methods.

Immediate Penalties for Refusal of a Field Sobriety Test

If you decline to perform a field sobriety test, the officer may continue the DUI investigation using other tools. Common next steps include:

  • Breath Alcohol Test: At the roadside or police station.

  • Arrest and Detention: If the officer believes they have enough evidence of impairment.

When a person is issued a driver’s license in South Carolina, that person gives the state implied consent allowing law enforcement officers to take breath, blood, and urine samples to determine if a driver is intoxicated. Refusing to take a breath alcohol test means that your driver’s license is immediately suspended and will remain so for six months. However, you may be able regain your privilege to drive much more quickly if you contact an experienced DUI attorney as soon as possible.

Long-Term Repercussions

Refusing field sobriety or breath tests may:

  • Result in license suspension under South Carolina’s implied consent laws.

  • Lead to incarceration or additional penalties.

  • Complicate your DUI defense in court.

However, refusing a test does not mean you have no legal options. In fact, with the help of a DUI lawyer in Greenville or Spartanburg, you may be able to challenge the suspension, fight the DUI charge, or argue that your rights were violated during the stop.

Protecting Your Rights After a DUI Stop

If you have been arrested after refusing a field sobriety test, it is critical to act quickly. A knowledgeable criminal defense lawyer in Greenville, SC or Spartanburg, SC can:

  • Request an administrative hearing to challenge your license suspension.

  • Examine whether the officer followed proper procedures during the stop.

  • Build a defense strategy tailored to your circumstances.

  • Help you regain driving privileges as quickly as possible.

Why Contact Ellis Law?

At Ellis Law, we know how stressful and overwhelming a DUI arrest can be, especially when it involves complicated issues like refusing a sobriety test. Criminal Defense and DUI Attorney, Zach Ellis, has years of experience defending clients across the Upstate of South Carolina and understands how to protect your rights, driving privileges, and future.

Contact Ellis Law today for a free, confidential consultation with a DUI lawyer in Greenville or Spartanburg, SC. Call 864-991-8738.