Abbeville County License Hearing Guide

Navigating a DUI in Abbeville County: A Step-by-Step Guide

If you've been arrested for DUI in Abbeville County, South Carolina, you're facing a complex legal and logistical challenge. The process involves navigating the courts, the DMV, and potentially specialized service providers. This guide provides a detailed overview to help you understand the steps involved.

Understanding the Abbeville County Landscape

Abbeville County's rural nature significantly impacts the DUI process. With a population of approximately 24,695 spread across 491 square miles, access to essential services isn't always convenient. The city of Abbeville serves as the central hub for legal proceedings, requiring travel from outlying areas. Because of the lack of public transportation, a suspended license can severely impact your ability to work, access healthcare, and obtain necessities. In 2024, Abbeville County saw 121 DUI arrests, highlighting the importance of understanding the local enforcement landscape.

Initial Steps After a DUI Arrest

Immediately after your arrest, you'll face two separate but related processes: the criminal court case and the administrative license suspension. The administrative suspension is triggered by either failing a breathalyzer test (BAC of 0.08% or higher) or refusing to take one.

What to do: Contact a qualified South Carolina DUI attorney immediately. They can advise you on your rights and help you navigate both the criminal and administrative processes.

The Temporary Alcohol License (TAL)

South Carolina law allows you to apply for a Temporary Alcohol License (TAL) while awaiting your administrative hearing with the Office of Motor Vehicle Hearings (OMVH). This license allows you to drive without restrictions while your case is pending.

What to do: Apply for a TAL at your local DMV. Be prepared to pay a $100 fee. Note that as of May 19, 2024, you must request an OMVH hearing to be eligible for any driving privileges, including a TAL. Skipping the hearing and applying directly for a route-restricted license is no longer an option.

The OMVH Hearing

The OMVH hearing is your opportunity to challenge the administrative suspension of your license. An administrative law judge will review the evidence and determine whether the suspension should be upheld or overturned.

What to do: Prepare for your OMVH hearing with your attorney. If the judge rules in your favor, your regular driving privileges will be restored. If the suspension is upheld, you must surrender your TAL immediately, and the suspension period begins.

Ignition Interlock Devices (IID)

If your BAC was 0.15% or higher, or if you are a repeat offender, you will likely be required to install an Ignition Interlock Device (IID) in your vehicle. This device requires you to provide a breath sample before starting the engine and during operation to ensure you are not drinking and driving.

What to do: Schedule an IID installation with an authorized provider. Note that Abbeville County does not have any in-county IID installation centers. You will need to travel to Greenwood or Anderson.

Nearest Authorized Installers:

• Smart Start (Primary Option): Located inside Pro Audio & More, 1819 Bypass 72 NE, Greenwood, SC 29649. Phone: (833) 404-3087.
• Intoxalock (Secondary Option): 1648 Calhoun Rd, Greenwood, SC 29649. Phone: (864) 622-5746.
• Intoxalock (Alternate Option): Located at Palmetto State Automotive, 2808 Highway 29 North, Anderson, SC 29621.

Important: You will need to schedule monthly calibration appointments at the IID service center. Failure to do so will result in the device locking your vehicle's ignition. Be prepared to dedicate a half-day each month and pay a recurring lease and calibration fee.

Continuous Alcohol Monitoring (SCRAM)

In some cases, particularly involving repeat offenses or felony DUIs, a judge may order you to wear a Secure Continuous Remote Alcohol Monitor (SCRAM) ankle bracelet. This device continuously monitors your perspiration for alcohol.

What to do: If ordered to wear a SCRAM bracelet, coordinate with regional providers such as Sentinel Offender Services in Greenville or DCT Detection in Seneca.

SR-22 Insurance

A DUI conviction or certain administrative suspensions require you to file an SR-22 certificate with the SCDMV. This certificate, provided by your auto insurance carrier, verifies that you maintain the state's minimum liability coverage. Filing an SR-22 will likely increase your insurance premiums.

What to do: Contact your auto insurance provider to obtain an SR-22 certificate.

Key Takeaway

Navigating a DUI in Abbeville County requires careful attention to detail and adherence to strict deadlines. Understanding the local landscape and the specific requirements of the legal and administrative processes is crucial.

Next Step: Contact the South Carolina DMV to confirm the specific requirements for reinstating your license after a DUI suspension. You can reach them at 803-896-5000.