Aiken County License Hearing Guide

Your License After a DUI Arrest in Aiken

A DUI arrest by the South Carolina Highway Patrol or local police in the county triggers an immediate administrative license track completely separate from your criminal court case. This administrative track focuses solely on your driving privileges. It proceeds independently of the criminal court's decisions. You can be acquitted of the criminal DUI charge and still lose your driver's license through the administrative process. The administrative suspension is managed by the South Carolina Department of Motor Vehicles (SCDMV) and contested through the Office of Motor Vehicle Hearings (OMVH).

CRITICAL DEADLINE: Request Hearing Within 30 Days

The administrative license suspension begins almost immediately after your arrest. You have a strict deadline of 30 days from the date of the arrest notice to challenge this suspension. Missing this deadline results in the automatic and permanent suspension of your driving privileges for the full statutory period.

To contest the suspension, you must file a formal request for an Administrative License Revocation (ALR) hearing. This request requires submitting Form ADH-001 directly to the OMVH. The mailing address is:

Office of Motor Vehicle Hearings Edgar A. Brown Building 1205 Pendleton St., Suite 325 Columbia, SC 29201

You must include a non refundable $200 filing fee in the form of a certified check or money order. This fee cannot be waived. Send this documentation via certified mail with a return receipt requested to establish proof of delivery before the 30 day limit expires.

Automatic License Suspension

The administrative suspension of your license is triggered under South Carolina's implied consent laws, specifically S.C. Code § 56-5-2950. The specific terms of the suspension depend on whether you submitted to chemical testing or refused.

If You Took the Breath/Blood Test and Failed

If you agreed to the breathalyzer test and registered a Blood Alcohol Concentration (BAC) of 0.15% or higher, your license is suspended. For a first offense, this results in an automatic 1 month administrative suspension. The arresting officer will confiscate your physical license and issue a temporary paper permit that is valid for 30 days.

If You Refused Testing

South Carolina law dictates that by operating a motor vehicle, you consent to chemical testing if arrested for DUI. Refusing to submit to a breath, blood, or urine test triggers an immediate administrative suspension. A first offense refusal results in an automatic 6 month license suspension. The officer takes your physical license immediately at the scene or the detention center.

The ALR/Administrative Hearing

What It Is

An ALR hearing is a formal administrative proceeding presided over by an administrative law judge. It is not a trial to determine criminal guilt. The scope of the hearing is limited to specific legal questions. The judge will only decide if the arresting officer had lawful grounds to arrest you, whether you were properly informed of your rights under the implied consent law, and whether you refused the test or registered a BAC of 0.15% or higher.

How to Prepare

Possible Outcomes

The administrative judge will issue a ruling after hearing testimony from you and the arresting officer.

• Suspension Upheld: The administrative suspension remains in effect. You must serve the remaining suspension period and complete all reinstatement requirements.
• Suspension Overturned: The suspension is rescinded. Your regular driving privileges are restored immediately without further administrative penalties.
• Restricted License Granted: You may be permitted to drive under strict limitations, such as installing an ignition interlock device.

Hardship/Restricted License in South Carolina

You do not have to remain completely unable to drive while waiting for your ALR hearing. Filing the hearing request and paying the $200 fee within the 30 day window makes you eligible to apply for a Temporary Alcohol License (TAL).

The TAL allows you to drive without geographic or purpose-based restrictions within the state. To obtain this physical license, you must take the hearing confirmation notice from the OMVH to the local SCDMV office and pay the required licensing fee. The TAL remains valid until the administrative judge issues a final decision on your ALR hearing.

Getting Your License Back

If your suspension is upheld or if you did not request a hearing, you must satisfy several state requirements to reinstate your driving privileges.

First, you must enroll in the Alcohol and Drug Safety Action Program (ADSAP). In the county, this program is administered by the 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
• Costs: The base educational fee is $500. This cost can increase up to $2,500 if the clinical assessment indicates a need for intensive treatment. You must enroll within 30 days of a DUI conviction to avoid further court penalties.

Second, you must file an SR-22 financial responsibility certificate. This certificate is a rider on your auto insurance policy proving you carry the state-mandated high risk liability coverage. You must maintain this filing continuously for three years.

Finally, you must pay all reinstatement fees directly to the SCDMV.

Aiken DMV Offices

To process your Temporary Alcohol License or handle final reinstatement, you must visit a local licensing office. The primary branch serving the local area is:

SCDMV Aiken Branch

• Address: 1755 Richland Ave East, Aiken, SC 29801
• Phone: 803-641-7752
• Hours: Monday, Tuesday, Thursday, Friday: 8:30 AM to 5:00 PM. Wednesday: 9:30 AM to 5:00 PM.

The delayed opening on Wednesdays is a fixed weekly schedule.

Special Programs

South Carolina utilizes the Ignition Interlock Device (IID) program under Emma's Law. If your suspension is upheld or you are convicted of certain DUI offenses, you may be required to install an IID in any vehicle you operate. This device requires a breath sample before the engine will start. You must contract with a certified private vendor to install and service the unit.

If your vehicle was towed during the arrest by a local rotation towing provider, you must resolve all administrative holds and pay towing fees before the vehicle can be taken to an IID installation facility.