Getting pulled over for a suspected DUI can be incredibly stressful. Even if you know you haven’t done anything wrong, the flashing lights, the questions, and the pressure of the moment can leave you feeling unsure about what to do next. One of the first things an officer might ask is for you to perform a field sobriety test. But are you actually required to take it?
In South Carolina, the law gives you some choices that many drivers are not aware of. Knowing your rights before you’re in that situation can help you make better decisions when it counts.
If you’ve been pulled over or charged with DUI and are unsure of your next steps, it’s a good idea to talk with someone who understands how the system works. Contact Truslow and Truslow P.A. to get the guidance you need.
What is a Field Sobriety Test?
A field sobriety test is a series of exercises police officers use during a traffic stop when they think you might be under the influence of alcohol or drugs. These are done on the side of the road and are designed to test your balance, coordination, focus and ability to follow simple instructions under pressure.
The most common tests are the walk and turn, the one leg stand, and the horizontal gaze nystagmus (where an officer watches how your eyes move as you follow a moving object). These are meant to help the officer decide if there’s enough evidence to make an arrest or request further testing like a breath or blood test.
While they seem simple, field sobriety tests aren’t always accurate. Fatigue, anxiety, medical conditions or even poor lighting and uneven pavement can affect how you do. That’s why knowing what these tests are and how they work can be important if you ever find yourself in that situation.
Is it Legal to Refuse a Field Sobriety Test in South Carolina?
In South Carolina, you are allowed to refuse a field sobriety test. These tests are considered voluntary, which means you are not legally obligated to take them if an officer asks. Many drivers are not aware of this and assume they have no choice, but you do have the right to politely say no.
However, refusing a field sobriety test does not automatically prevent an arrest. Officers can still rely on other observations, such as how you were driving, your speech, or your behavior at the time of the stop. In some situations, your refusal might even be mentioned in court as part of the evidence, though it does not carry a direct legal penalty on its own.
It is also worth pointing out that field sobriety tests are different from chemical tests, such as breath or blood tests. Refusing a chemical test after an arrest can lead to an automatic suspension of your driver’s license under South Carolina’s implied consent law. That is a separate issue and carries more serious consequences.
So while you can refuse a field sobriety test, it is not always without risk. The best decision often depends on the circumstances of the stop. If you are facing DUI charges or have questions about your rights, it is a good idea to speak with an experienced attorney who can guide you through what comes next.
What to Do If You Get Pulled Over
Getting pulled over can be scary especially if you’ve had anything to drink or think you might be suspected of DUI. In that moment how you respond can make a difference.
First, stay calm and pull over as soon as you can. Keep your hands visible usually on the steering wheel and wait for the officer to get to you. Be polite and respectful even if you’re nervous. When asked for your license and registration provide them without moving suddenly.
You don’t have to answer every question. If the officer asks if you’ve been drinking you have the right to remain silent. It’s okay to say you don’t want to answer without a lawyer present. You also have the right to refuse field sobriety tests which are voluntary in South Carolina. If asked to do one you can decline politely.
Most importantly don’t argue or resist even if you think the stop is unfair. If you are arrested don’t panic. Ask to speak with a lawyer and don’t talk to anyone else until you do. Staying calm and knowing your rights can help you in the moment and in any legal matters that follow.
Why You Should Speak with a South Carolina DUI Lawyer After a Traffic Stop
Refusing a field sobriety test in South Carolina is within your legal rights, but it is a decision that can carry consequences. While you are not required to perform these roadside tests, your refusal might still be used as part of the case against you. Understanding the difference between field tests and chemical tests can make a big difference if you find yourself in this situation.
If you have been stopped or charged with DUI, it is important to take the next steps carefully. Contact Truslow and Truslow P.A. to speak with an experienced South Carolina DUI lawyer who can explain your rights and help you move forward with confidence.