Aiken County License Hearing Guide

Aiken County DUI License Suspension & ALR Hearing

A DUI arrest in Aiken County, South Carolina, triggers two separate legal processes: a criminal case in court, and an administrative action against your driver's license. While the criminal case determines your guilt or innocence and potential penalties, the administrative process, specifically the Administrative License Revocation (ALR) hearing, determines whether your driving privileges will be suspended. Understanding this distinction and acting quickly are crucial to protecting your ability to drive.

Your License After a DUI Arrest in Aiken County

Following a DUI arrest in Aiken County, the arresting officer likely confiscated your driver's license if you either refused a breathalyzer test or registered a Blood Alcohol Concentration (BAC) of 0.15% or higher. You were then issued a Notice of Suspension. This notice initiates the administrative process that could lead to the suspension of your driver's license, independent of the criminal charges against you.

CRITICAL DEADLINE: Request a Hearing Within 30 Days

You have a very limited time to challenge the suspension of your license. Under South Carolina law, you have only 30 days from the date of the Notice of Suspension to request an Administrative License Suspension (ALS) hearing. This hearing allows you to contest the suspension before it goes into effect.

Action: File your request immediately. The deadline is unforgiving.

To request a hearing, you must file directly with the Office of Motor Vehicle Hearings (OMVH) at the Edgar A. Brown Building, 1205 Pendleton St., Suite 325, Columbia, SC 29201. The request must be accompanied by a non-refundable $200 filing fee. This fee cannot be waived.

Action: Send Form ADH-001 (or equivalent request document) and a $200 certified check via tracked, certified mail with a return receipt requested. This provides proof that the OMVH received the documentation before the 30-day deadline.

Failing to file the request and fee within 30 days results in a permanent license suspension for the statutory duration.

Automatic License Suspension

The circumstances surrounding your DUI arrest determine the length and type of license suspension you may face.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your BAC was 0.08% or higher, the South Carolina DMV will likely suspend your license. The length of the suspension depends on several factors, including your BAC level and any prior DUI convictions.

If You Refused Testing

Refusing to submit to a breath, blood, or urine test carries significant penalties under South Carolina's implied consent law.

South Carolina, like all states, has an implied consent law. This means that by driving on South Carolina roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing results in an automatic license suspension, typically longer than the suspension imposed for failing a test.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a critical opportunity to challenge the suspension of your driver's license.

What It Is

The ALR hearing is a separate proceeding from your criminal DUI case. It is conducted by the South Carolina Office of Motor Vehicle Hearings (OMVH) and focuses solely on whether the DMV had sufficient legal grounds to suspend your license. The burden of proof is lower than in a criminal trial. The OMVH only needs to show that it is more likely than not that you were driving under the influence.

How to Prepare

Preparing for your ALR hearing is essential. Consider these steps:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consult with a DUI Attorney: A DUI attorney familiar with Aiken County procedures can provide invaluable guidance and representation at the hearing.
• Understand the Issues: Be prepared to challenge the reasons for your license suspension. Common challenges include questioning the validity of the traffic stop, the accuracy of the breathalyzer test, or whether you were properly informed of your rights.

Possible Outcomes

The OMVH hearing officer will make a decision based on the evidence presented at the hearing. Possible outcomes include:

• Suspension Upheld: The hearing officer finds sufficient evidence to support the license suspension.
• Suspension Overturned: The hearing officer finds that the DMV did not have sufficient grounds to suspend your license, and your license is reinstated.
• Restricted/Hardship License Granted: The hearing officer may grant a restricted or hardship license, allowing you to drive under specific circumstances, such as for work or medical appointments.

Securing a Temporary Alcohol License (TAL) in Aiken

Successfully filing the hearing request within the 30-day window allows you to obtain a Temporary Alcohol License (TAL). This license restores your driving privileges while your case is pending.

Action: Once the OMVH confirms receipt and scheduling of your hearing, visit the local SCDMV branch on Richland Ave East in Aiken to process your TAL.

Important Note: The SCDMV branch on Richland Ave East has a delayed opening on Wednesdays, opening at 9:30 AM instead of the usual 8:30 AM. Check the SCDMV's online wait-time tracker before you go to avoid long queues.

Hardship/Restricted License in South Carolina

Even if your license is suspended, you may be eligible for a restricted or hardship license, allowing you to drive under specific circumstances.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and any prior DUI convictions.
• Permitted Driving: Restricted licenses typically allow driving for work, school, medical appointments, and ADSAP classes.
• Costs and Application Process: There are fees associated with applying for a restricted license. The application process involves submitting documentation to the DMV and potentially attending a hearing.
• IID Requirement: In some cases, a restricted license may require the installation of an Ignition Interlock Device (IID) on your vehicle.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You must satisfy all requirements imposed by the court and the DMV, including completing ADSAP, paying fines and fees, and serving any jail time.
• Fees: The DMV charges a reinstatement fee to restore your license.
• SR-22 Insurance Requirement: South Carolina typically requires you to file an SR-22 insurance certificate for a period of three years following a DUI conviction.
• Classes/Programs: Completing ADSAP is mandatory for license reinstatement after a DUI conviction. The Aiken Center for Alcohol and Other Drug Services is located at 1105 Gregg Hwy, Aiken, SC 29801, and can be reached at (803) 649-1900.

Aiken County DMV Offices

• SCDMV Aiken Branch: 1755 Richland Ave East, Aiken, SC 29801. Phone: 803-641-7752. Note the delayed opening on Wednesdays, opening at 9:30 AM instead of the usual 8:30 AM.

Special Programs

• Ignition Interlock Device (IID): If convicted of DUI, South Carolina's "Emma's Law" mandates the installation of an Ignition Interlock Device (IID). You must use a certified private vendor for installation.
• ADSAP: Alcohol and Drug Safety Action Program: The South Carolina Alcohol and Drug Safety Action Program (ADSAP) is a mandatory requirement for anyone convicted of DUI or whose license is suspended via the Implied Consent/ALR process.

Frequently Asked Questions

Q: How long do I have to request an ALR hearing after a DUI arrest in Aiken County? A: You have only 30 days from the date of your Notice of Suspension to request an ALR hearing.

Q: Where do I file the request for an ALR hearing? A: You must file the request with the Office of Motor Vehicle Hearings (OMVH) at the Edgar A. Brown Building, 1205 Pendleton St., Suite 325, Columbia, SC 29201.

Q: What happens if I miss the deadline to request an ALR hearing? A: Failing to file the request and the $200 fee within 30 days results in an automatic license suspension.