from clients is:
“Should I take the breath test?”
And generally speaking, my answer is: No.

But let’s walk through what happens if you choose not to take the breath test in South Carolina.

If You Refuse the Breath Test

If you refuse to take the breath test:

  • Your license will be automatically suspended for 6 months.
  • You must request an administrative hearing within 30 days of your arrest to challenge the suspension.
  • Once you request the hearing, you’ll receive a Notice of Hearing, and you can apply for what’s called an Alcohol-Restricted Driver’s License.

Important difference:

  • A Route-Restricted License (what most people are familiar with) only allows you to drive to specific places: work, school, church, or ADSAP (Alcohol and Drug Safety Action Program) classes.
  • An Alcohol-Restricted License, however, lets you drive anywhere, at any time — but you cannot consume alcohol while driving.

If you win your administrative hearing, your regular, unrestricted driver’s license is reinstated.

If you lose the hearing:

  • You’ll be required to enroll in ADSAP, the Alcohol and Drug Safety Action Program.
  • Your license will remain suspended for:
    • 30 days if you took the breath test and blew over the legal limit
    • 6 months if you refused the breath test

If You Take the Breath Test

If you do take the test:

  • And you blow between 0.08 and 0.14, there is no administrative hearing required, but you could still face criminal charges.
  • If you blow 0.15 or higher, then you must request an administrative hearing — just like if you had refused.

About ADSAP

If you are required to enroll in ADSAP:

  • The cost starts around $500, but can go up to $2,500, depending on the requirements set by the program you’re assigned to.
  • ADSAP is mandatory if you lose your administrative hearing or blow 0.15 or higher.

What You Should Do

If you’re arrested for DUI in South Carolina:

  • Always request an administrative hearing.
    If you don’t, you face:

    • Automatic 6-month license suspension
    • Automatic enrollment in ADSAP

There are several legal advantages to refusing the breath test, which is why I typically advise against taking it. But ultimately, that decision is up to you.

If you have questions or need help after a DUI arrest, we’re here for you.