Aiken County Court Process

Navigating an Aiken County DUI: Your Guide to the DMV, ALS Hearings, and More

If you've been arrested for DUI in Aiken County, South Carolina, you're facing a complex legal process that begins immediately. Unlike many legal battles, a DUI case in South Carolina splits into two distinct tracks: the criminal court proceedings and an administrative battle with the South Carolina Department of Motor Vehicles (SCDMV). This guide focuses on the administrative side, providing actionable steps to protect your driving privileges.

The 30-Day Deadline: Requesting an ALS Hearing

Upon a DUI arrest in Aiken County, the arresting officer will confiscate your driver's license if you either refused a chemical test or registered a Blood Alcohol Concentration (BAC) of 0.15% or higher. You'll receive a Notice of Suspension, which triggers a critical 30-day deadline. Within these 30 days, you MUST request an Administrative License Suspension (ALS) hearing to contest the suspension.

Action: Missing this deadline means automatically losing your license for the full statutory period.

How to Request a Hearing:

1. Obtain Form ADH-001 (or equivalent): This is the official hearing request form.
2. Prepare a Certified Check: Include a non-refundable $200 filing fee. This fee cannot be waived.
3. Mail via Certified Mail: Send the form and check to the Office of Motor Vehicle Hearings (OMVH) at Edgar A. Brown Building, 1205 Pendleton St., Suite 325, Columbia, SC 29201. Use tracked, certified mail with a return receipt requested. This provides proof of timely submission.

Important: Don't wait until the last minute. Mail your request well before the 30-day deadline to ensure it's received on time.

Securing a Temporary Alcohol License (TAL)

Successfully requesting an ALS hearing within the 30-day window unlocks the ability to obtain a Temporary Alcohol License (TAL). This license allows you to drive legally while your case is pending.

Action: Filing for the hearing is only the first step.

How to Get a TAL:

1. Confirmation from OMVH: Wait for the OMVH to confirm receipt of your hearing request and schedule your hearing.
2. Visit the Aiken SCDMV: Once you have confirmation, visit the local SCDMV branch at Richland Ave East in Aiken.
3. Process the TAL: Complete the necessary paperwork and pay any applicable fees to obtain your TAL.

Gold Dust Tip: Be aware of the Aiken SCDMV's Wednesday morning quirk. The branch opens at 9:30 AM on Wednesdays, an hour later than other weekdays. Check the SCDMV's online wait-time tracker before you go to avoid delays.

Understanding the ALS Hearing

The OMVH hearing is a focused proceeding. The scope is limited to these key questions:

• Was the arrest lawful?
• Were your implied consent rights properly administered (verbally and in writing)?
• Were the testing procedures lawful?

The hearing can be conducted in person or via approved remote communication.

Ignition Interlock Devices (IID) and SR-22 Insurance

South Carolina's "Emma's Law" mandates Ignition Interlock Devices (IID) for many DUI offenders. If ordered by the court, you'll need to install an IID through a certified vendor.

Logistical Synergy Tip: If your vehicle was impounded, consider coordinating your IID installation at Eastside Automotive & Towing, located at 195 Beaufort St, Aiken, SC 29801, as they are a primary impound lot and an Intoxalock installer. Call them at 803-766-7986 to confirm.

Additionally, a DUI conviction requires filing an SR-22 insurance certificate. This isn't an insurance policy itself, but a certificate proving you maintain high-risk liability coverage. Contact your local Aiken insurance agent to initiate this process. The filing is done electronically by the insurance carrier.

ADSAP: Your Path to License Reinstatement

The South Carolina Alcohol and Drug Safety Action Program (ADSAP) is a mandatory requirement for DUI convictions and license suspensions. The SCDMV will not reinstate your license until ADSAP completion is verified.

Action: Enroll within 30 days of your conviction to avoid being held in contempt of court.

Aiken ADSAP Provider:

• Name: Aiken Center for Alcohol and Other Drug Services
• Address: 1105 Gregg Hwy, Aiken, SC 29801
• Phone: (803) 649-1900
• Hours: Monday through Friday, 8:30 AM to 5:00 PM

The ADSAP process involves an assessment, placement into either an educational or intensive treatment track, and associated fees. The base fee for educational services is $500, with a minimum deposit required at enrollment. Intensive treatment can increase the total cost up to $2,500. Completion timelines vary.

Next Steps

The administrative process following a DUI arrest in Aiken County is complex and time-sensitive. Immediately contact the Office of Motor Vehicle Hearings (OMVH) at Edgar A. Brown Building, 1205 Pendleton St., Suite 325, Columbia, SC 29201 to confirm the most up-to-date procedures for requesting an ALS hearing.