10/16/2026
Blue lights in the mirror are stressful for anyone. When an officer suspects impaired driving, a South Carolina DUI stop generally moves through a few stages. Knowing what each stage involves won't change what is happening, but it can help you understand your rights along the way.
The stop and the video. In a DUI case, South Carolina law generally requires the person's conduct at the scene to be recorded. The recording must begin no later than when the officer activates the blue lights, include any field sobriety tests, and show the person being advised of their Miranda rights at arrest.
Field sobriety tests. An officer may ask a driver to perform roadside field sobriety tests. Under South Carolina law, refusing a field sobriety test does not count as disobeying a police command.
Your rights. You have the right to remain silent and the right to speak with an attorney. Many people in this situation choose to exercise those rights.
Implied consent after an arrest. A person who drives in South Carolina is considered to have consented to breath, blood, or urine testing if arrested for DUI. Before testing, the person must be advised in writing of the right to refuse, and that refusal results in a license suspension of at least six months. A result of 0.15% or more results in a suspension of at least one month. The person also has the right to an independent test at their own expense.
The 30-day window. A person who receives a notice of suspension has 30 days to request a contested case hearing. That deadline runs separately from the criminal case.
Every DUI case is different, and the specific facts of the stop and arrest shape the options. If you or a family member is facing a DUI charge in Myrtle Beach or elsewhere in Horry County, Grooms & Thomas can walk you through each stage. Call (843) 444-5702.
General legal information only; not legal advice. Responsible attorney: J. Stephen Grooms, 4593 Oleander Drive Unit C, Myrtle Beach, SC 29577.