10/26/2026
MYTH: "I never said the word 'no,' so they can't call it a refusal."
REALITY: In South Carolina, officers record refusals for conduct that never involved saying no. Common examples:
Not blowing hard enough to produce a valid sample
Asking to speak to a lawyer first, and treating that as a condition
Staying silent or not responding to the request
Agreeing after a delay, once the officer already marked it refused
Being physically unable to provide a sample because of asthma, a medical condition, or crash injuries
Whether you actually refused is one of the issues decided at the contested case hearing. Medical records, the video, and the machine's own printout all become relevant.
If you were marked as refusing when you were trying to comply, that is worth fighting.
Call Okoye Law today.