Berkeley County License Hearing Guide

Berkeley County DUI License Suspension & ALR Hearing

A DUI arrest in Berkeley County, South Carolina can be a frightening and confusing experience. Besides the criminal charges you're facing, your driving privileges are also at risk. Understanding the administrative process that governs your driver's license is crucial, and acting quickly is paramount. This guide provides immediate, practical information on license suspension and the Administrative License Revocation (ALR) hearing process in Berkeley County, South Carolina.

Your License After a DUI Arrest in Berkeley County

When you're arrested for DUI in Berkeley County, you face two separate legal proceedings: a criminal case in court and an administrative case handled by the South Carolina Department of Motor Vehicles (SCDMV). The criminal case determines your guilt or innocence regarding the DUI charge itself. The administrative case, however, focuses solely on whether your driving privileges should be suspended. These are completely separate and the outcome of one does not necessarily determine the outcome of the other. You can be found not guilty in criminal court but still lose your license administratively, and vice versa.

The administrative process begins immediately upon your arrest. This guide focuses on the administrative process and how to protect your license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an ALR hearing. This is a strict deadline. Missing it will result in an automatic suspension of your driver's license.

Where to Request: You must request the ALR hearing through the South Carolina Department of Motor Vehicles (SCDMV).

How to Request: In South Carolina, you can request an ALR hearing in the following ways:

• Online: The SCDMV likely has an online portal for requesting hearings. Check their website (www.scdmvonline.com) for instructions and required forms. Look for sections related to "DUI" or "ALR Hearing Requests."
• Mail: You can mail a written request to the SCDMV. Include your full name, date of birth, driver's license number, date of arrest, arresting agency, and a clear statement that you are requesting an ALR hearing. Send it via certified mail with return receipt requested to ensure proof of delivery. While we don't have the specific address yet, it is important that you check the SCDMV website.
• Phone: While less common, you may be able to initiate the request process by phone. Check the SCDMV website or call their customer service line to confirm if this option is available.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will automatically be suspended. There are very few exceptions to this rule. Don't delay!

Automatic License Suspension

An automatic license suspension goes into effect under two primary scenarios following a DUI arrest in Berkeley County: failing a breath/blood test or refusing to take the test.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your Blood Alcohol Content (BAC) was 0.08% or higher, your license will be suspended. The length of the suspension varies based on the circumstances of the offense (e.g., prior DUI convictions). In South Carolina, a first offense typically carries a suspension of .
• Temporary Permit: At the time of your arrest, the officer likely issued you a temporary driving permit. This permit is typically valid until your ALR hearing or until the suspension officially begins, whichever comes first. Pay close attention to the expiration date on the permit.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a harsher penalty than failing the test. In South Carolina, refusing the test results in a longer license suspension than testing over the legal limit. .
• Implied Consent Law in South Carolina: South Carolina, like all states, has an implied consent law. This law states that by driving on South Carolina roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusing to take the test is a violation of this law, leading to the harsher suspension penalty.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: Remember, the ALR hearing is a completely separate proceeding from your criminal case.
• Decides If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the SCDMV had sufficient legal grounds to suspend your license.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The SCDMV only needs to show "probable cause" that you were driving under the influence, not "beyond a reasonable doubt."

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This could include witness statements, dashcam footage (if available), or any other documentation that challenges the officer's account of events.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Berkeley County ALR hearings can significantly improve your chances of success. They understand the law, the procedures, and the arguments that are most likely to be effective.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including whether the officer had reasonable suspicion to stop you, whether the breathalyzer was properly calibrated, and whether you were properly informed of your rights.

Possible Outcomes

• Suspension Upheld: The hearing officer finds that the SCDMV had sufficient grounds to suspend your license, and the suspension remains in effect.
• Suspension Overturned: The hearing officer finds that the SCDMV 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 conditions.

Hardship/Restricted License in South Carolina

Even if your license is suspended, you may be eligible for a hardship or restricted license in South Carolina, allowing you to drive for essential purposes.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and whether it's your first offense. Generally, you must demonstrate a need to drive for work, school, medical appointments, or other essential activities.
• What You Can Drive For: A restricted license will specify the permissible driving purposes, times, and locations.
• Costs and Application Process: The application process typically involves completing an application form, providing supporting documentation, and paying a fee. Contact the SCDMV for specific details and required forms.
• IID Requirement: In some cases, a restricted license may require the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the outcome of your criminal case and the terms of your suspension. You will likely need to complete a DUI education program, pay reinstatement fees, and provide proof of insurance.
• Fees: The SCDMV charges fees for reinstating a suspended license.
• 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: As mentioned, completing a DUI education program is a common requirement for reinstatement.

Berkeley County DMV Offices

Unfortunately, specific addresses and hours for Berkeley County DMV offices are unavailable at this time. Please check the South Carolina Department of Motor Vehicles (SCDMV) website (www.scdmvonline.com) for the most up-to-date information. We will update this section as soon as possible.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, South Carolina has an IID program that may be required for restricted licenses or as a condition of probation.
• Occupational License: In certain circumstances, you may be eligible for an occupational license, which allows you to drive for work-related purposes even if your license is suspended. Contact the SCDMV or consult with a DUI attorney to determine if you qualify.

This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Berkeley County, South Carolina, to discuss your specific situation and protect your rights. Remember to act quickly and request your ALR hearing within 15 days of your arrest.