Charleston County License Hearing Guide

Charleston County DUI License Suspension & ALR Hearing

After a DUI arrest in Charleston County, you face two separate legal battles: a criminal case in court, and an administrative case handled by the South Carolina Department of Motor Vehicles (SCDMV). This guide focuses on the administrative process, specifically how to challenge your license suspension and potentially obtain a restricted license. It is crucial to understand these procedures, as they directly impact your ability to drive legally.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Charleston County, you have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing from the South Carolina Office of Motor Vehicle Hearings (OMVH). This hearing is your opportunity to challenge the suspension of your driver's license.

You can request a hearing through the SCDMV Public Services-Transaction List.

If you fail to request a hearing within this 15-day window, your license will be automatically suspended. This suspension will take effect as outlined by South Carolina law. Missing this deadline has significant consequences, so act quickly.

Automatic License Suspension

Even before your criminal case is resolved, the SCDMV can suspend your license based on the circumstances of your arrest. The reason for the suspension and its length depend on whether you took a breath or blood test and the results, or if you refused to take a test.

If You Took the Breath/Blood Test and Failed

If you submitted to a breathalyzer test and your Blood Alcohol Concentration (BAC) was 0.08% or higher, your license will be suspended. The length of the suspension depends on your driving record and whether you have prior DUI convictions. You may be issued a temporary driving permit that is valid until your ALR hearing or until the suspension officially begins.

If You Refused Testing

Under South Carolina's implied consent law, by driving on South Carolina roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to take a breath, blood, or urine test results in a longer license suspension than failing the test. The SC Office of Motor Vehicle Hearings addresses frequently asked questions about implied consent.

The ALR/Administrative Hearing

What It Is

The Administrative License Revocation (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 SCDMV had legal justification to suspend your driver's license. DUI & Administrative Hearings In SC: How They'Re Related - TMW Law explains the relationship between the two.

The burden of proof in an ALR hearing 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, rather than proving it beyond a reasonable doubt.

How to Prepare

Preparing for your ALR hearing is critical. Consider the following:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or any documentation that challenges the basis for your arrest.
• Consult a DUI Attorney: A DUI attorney can help you understand the legal issues involved and represent you at the hearing. They can also advise you on the best strategy for challenging the suspension.
• Understand What You Can Challenge: You can challenge various aspects of the suspension, including whether the officer had probable cause to stop you, whether the breathalyzer test was properly administered, and whether you were properly informed of your rights.

Possible Outcomes

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

• Suspension Upheld: The OMVH upholds the suspension, meaning your license remains suspended for the applicable period.
• Suspension Overturned: The OMVH overturns the suspension, and your driving privileges are restored.
• Restricted/Hardship License Granted: The OMVH may grant a restricted or hardship license, allowing you to drive under specific circumstances, such as for work or school.

Hardship/Restricted License in South Carolina

Even if your license is suspended, you may be eligible for a restricted license, also known as a hardship license, that allows you to drive under specific circumstances.

Eligibility requirements vary depending on the reason for the suspension and your driving record. Generally, you must demonstrate a need to drive for essential purposes, such as:

• Work: Driving to and from work.
• School: Attending classes or educational programs.
• Medical: Obtaining necessary medical treatment.

The SCDMV website provides information on License Reinstatement - SCDMV - South Carolina.

To apply for a restricted license, you will need to provide documentation supporting your need to drive, such as a letter from your employer or school. You may also be required to install an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

After Criminal Case Concludes

Once your criminal DUI case is resolved, you will need to take additional steps to fully reinstate your driver's license. These requirements may include:

• Reinstatement Fees: Pay any required reinstatement fees to the SCDMV.
• SR-22 Insurance: Obtain SR-22 insurance, which is a certificate of financial responsibility required for high-risk drivers. SR22 Insurance | The General® Car Insurance provides more information.
• ADSAP Completion: Complete the Alcohol and Drug Safety Action Program (ADSAP). Alcohol & Drug Safety Action Program (ADSAP) is required for DUI convictions in South Carolina.

Charleston County DMV Offices

To handle license reinstatement and other DMV matters, here are the closest SCDMV locations to Charleston, SC:

• Charleston - Orleans Rd SCDMV: 3841 Leeds Ave, Charleston, SC 29405. Charleston - Orleans Rd - SCDMV - South Carolina

Special Programs

• Alcohol and Drug Safety Action Program (ADSAP): If convicted of DUI, you will be required to complete ADSAP. This program involves substance abuse education and treatment. Charleston County residents can find information about ADSAP through the Charleston Center: Department of Alcohol and Other Drug Abuse Services (DAODAS). You can also contact the Charleston Center directly through their Contact Form: Charleston Center (DAODAS).

Frequently Asked Questions

Q: Where in Charleston County do I attend ADSAP classes? A: ADSAP services are provided through the Charleston Center. ADSAP Services - Ernest E. Kennedy Center provides more information.

Q: What happens if I drive while my license is suspended for DUI in Charleston County? A: Driving under suspension is a serious offense that can result in additional criminal charges, fines, and jail time.

Q: Can I get my DUI expunged from my record in Charleston County? A: South Carolina law allows for DUI expungement under certain circumstances, typically after a period of good behavior and completion of all court-ordered requirements. Consult with a DUI attorney to determine your eligibility.