Anderson County License Hearing Guide

Anderson County DUI License Suspension & ALR Hearing

Following a DUI arrest in Anderson County, you face two separate but related legal battles: the criminal case in court, and an administrative action against your driver's license by the South Carolina Department of Motor Vehicles (SCDMV). This guide focuses on the administrative process, specifically the Administrative License Revocation (ALR) hearing, which determines whether your license will be suspended independently of the criminal DUI case. Understanding this process and acting quickly is crucial to potentially saving your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 30 Days

South Carolina law requires you to request an ALR hearing within 30 calendar days of your DUI arrest. This deadline is strict and unforgiving. The notice of suspension, often referred to as the "blue form," given to you by the arresting officer at the time of your arrest or release from the Anderson County Detention Center, serves as your official notification.

To request a hearing, you must mail your request directly to the Office of Motor Vehicle Hearings (OMVH) at:

Edgar A. Brown Building 1205 Pendleton St., Suite 325 Columbia, SC 29201

Be sure to include the non-refundable filing fee of $200.00.

If you miss this 30-day deadline, your license suspension will automatically go into effect, regardless of the outcome of your criminal case. There are very limited exceptions to this rule, so immediate action is paramount.

Automatic License Suspension

South Carolina enforces Implied Consent laws. By holding a driver's license, you have implicitly agreed to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. The consequences for failing or refusing these tests are severe and lead to automatic license suspensions.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Concentration (BAC) was 0.08% or higher, your license will be suspended. The length of the suspension depends on several factors.

If You Refused Testing

Refusing to submit to a breath, blood, or urine test results in a longer license suspension than failing the test. This is due to South Carolina's Implied Consent laws.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding, separate from your criminal DUI case. It is conducted by the Office of Motor Vehicle Hearings (OMVH) and its sole purpose is to determine whether the SCDMV was justified in suspending your driver's license. The burden of proof in an ALR hearing is lower than in a criminal trial. The OMVH only needs to show by a preponderance of the evidence (more likely than not) that the suspension was warranted.

How to Prepare

Preparing for your ALR hearing is critical. Here are some steps you can take:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, video footage, or any documentation that challenges the basis for the stop or the accuracy of the breath test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with Anderson County DUI cases can guide you through the ALR process, represent you at the hearing, and present the strongest possible defense.
• Understand What You Can Challenge: You can challenge several aspects of the suspension, including:
• Whether the officer had probable cause to stop you.
• Whether you were lawfully arrested.
• Whether you were properly advised of your Implied Consent rights.
• Whether the breath test was administered correctly and the results were accurate.

Possible Outcomes

The OMVH hearing officer will issue a decision after the hearing. Possible outcomes include:

• Suspension Upheld: The hearing officer agrees with the SCDMV and your license suspension remains in effect.
• Suspension Overturned: The hearing officer finds that the SCDMV did not have sufficient grounds for the suspension 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 conditions, such as for work, school, or medical appointments.

Hardship/Restricted License in South Carolina

If your license is suspended, you may be eligible for a provisional driver's license (often called a "hardship license") that allows you to drive under specific circumstances.

• Eligibility Requirements: Eligibility varies depending on the reason for the suspension and any prior offenses.
• What You Can Drive For: Typically, a hardship license allows you to drive to and from work, school, medical appointments, and court-ordered activities.
• Costs and Application Process: You'll need to apply with the SCDMV and pay a fee.
• IID Requirement: In some cases, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

After Criminal Case Concludes

Even if your criminal DUI case is dismissed or you are found not guilty, you still need to take steps to reinstate your driver's license after the administrative suspension period is over.

• Reinstatement Requirements: You will likely need to pay a reinstatement fee to the SCDMV.
• Fees: Check with the SCDMV for the current reinstatement fee amount.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or substance abuse treatment program.

Anderson County DMV Offices

Here is the local SCDMV office in Anderson County:

SCDMV Anderson 331 29 Bypass North Anderson, SC 29621 Phone: (864) 260-2205 Hours: Monday, Tuesday, Thursday, Friday: 8:30 AM - 5:00 PM; Wednesday: 9:30 AM - 5:00 PM

Special Programs

Anderson County offers several programs that may be relevant to your DUI case, although they do not directly affect your license suspension:

• Drug/Treatment Court: The county operates a judicially supervised Treatment Court. This is an intensive, 18-month voluntary program focused on drug and alcohol rehabilitation as an alternative to incarceration. Eligibility generally requires the defendant to first plead guilty to the underlying charge. The judge will then suspend or defer the execution of the sentence pending the successful completion of the rigorous therapy regimen, which includes frequent drug testing and court appearances. Failure to comply with the program's strict mandates results in immediate termination and the execution of the original jail sentence.
• Pre-Trial Intervention (PTI): The 10th Judicial Circuit Solicitor’s Office manages a Pre-Trial Intervention (PTI) program. Interested defendants must coordinate directly with the PTI office located in Anderson by calling (864) 260-4042. PTI is generally reserved for first-time, non-violent offenders. Acceptance into PTI for a DUI offense is highly restrictive, heavily dependent on the specific facts of the case, and requires explicit prosecutorial consent. If successfully completed, PTI results in the expungement of the arrest record.

Frequently Asked Questions

Q: How long will my license be suspended if I refuse the breathalyzer in Anderson County? A: The length of suspension for refusing a breathalyzer test in South Carolina is longer than for failing the test. Contact the SCDMV or consult with a DUI attorney for the specific duration.

Q: Can I get a temporary license while waiting for my ALR hearing in Anderson County? A: Check with the SCDMV, but you may be eligible for a temporary driving permit valid until your ALR hearing or the effective date of the suspension, whichever comes first.

Q: Where do I mail my request for an ALR hearing after a DUI arrest in Anderson County? A: You must mail your hearing request and the $200.00 fee to the Office of Motor Vehicle Hearings (OMVH) at Edgar A. Brown Building, 1205 Pendleton St., Suite 325, Columbia, SC 29201.