Failure to Stop for a Blue Light, Bigger Consequences

Each year, South Carolina’s legislative session brings legal changes that affect everyday people across the state. In this multi-part series, criminal defense lawyer Erin Bailey breaks down what’s new, what it means, and how it could impact you.

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If you’ve ever thought about not pulling over for law enforcement, South Carolina’s about to give you even more reasons to think twice.

In May 2026, a new law goes into effect that significantly increases the penalties for Failure to Stop for a Blue Light - a charge that’s more common than many people realize, and often the result of a split-second decision made under pressure.

What’s Changing?

Failure to stop when signaled by law enforcement - whether that’s a siren, flashing blue lights, or both - has long been a criminal offense in South Carolina. But the consequences are about to get much more serious.

Here’s how the law breaks down:

• First offense remains a misdemeanor, with a $500 fine, up to 3 years in prison, and a 30-day license suspension.

• Second offense is now a felony carrying up to 10 years in prison (increased from 5 years) and a 1-year license suspension.

• A new felony charge has been added for high-speed pursuits, defined as increasing your speed or taking evasive action after lights or sirens are activated. This also carries up to 10 years in prison and a 1-year license suspension.

• If the failure to stop results in bodily injury, the penalty has increased from 10 to 15 years.

• If the failure to stop results in death, the maximum sentence has been raised from 25 to 30 years.

This is a major shift in how South Carolina treats eluding law enforcement - and the penalties reflect the state's attempt to curb dangerous chases and hold drivers more accountable when they escalate an encounter.

A Harder Lesson for a Split-Second Decision

As a criminal defense attorney, I’ve seen how quickly things can escalate.

From what I’ve seen, most people don’t fail to stop because they have a “good reason". 

They fail to stop because they’re panicked. Because they’ve got a suspended license. Because they’ve got a little weed in the car. Because they have a child support warrant. Because they think maybe - just maybe - they can get home before the consequences catch up.

But here’s the thing: those issues will still be waiting whether you pull over or not. And if you don’t? You’ve potentially just added a felony charge to your record - and possibly turned a minor traffic stop into a life-altering legal situation.

The new law won’t go into effect until May 2026, which means now is the time to understand what’s changing and why.

All told, when those blue lights come on, you’ll want to pump the breaks.

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Follow @erinbaileylaw for more legal updates and insight following the May 2025 legislative sessions.

Need help with a Failure to Stop charge or have questions about what this law means for you? Get in touch with Erin Bailey Law’s criminal defense team today.