Charleston County License Hearing Guide

Charleston County DUI License Suspension & ALR Hearing

(IMPORTANT: This information is for guidance only and does not constitute legal advice. Contact a qualified South Carolina DUI attorney immediately to discuss your specific situation.)

A DUI arrest in Charleston County, South Carolina, can be a frightening experience. While you're dealing with the criminal charges, it's crucial to understand that your driver's license is also at risk. The process of suspending your license after a DUI is handled separately from the criminal case – it's an administrative action taken by the South Carolina Department of Motor Vehicles (SCDMV). This guide will walk you through the steps you need to take to protect your driving privileges after a DUI arrest in Charleston County, focusing on the Administrative License Revocation (ALR) hearing.

Your License After a DUI Arrest in Charleston County

After being arrested for DUI (Driving Under the Influence) in Charleston County, you're facing two separate but related legal processes:

• Criminal Case: This involves the DUI charge itself, handled in criminal court. The penalties here can include fines, jail time, and a criminal record.
• Administrative License Suspension (ALR): This is a separate process managed by the South Carolina Department of Motor Vehicles (SCDMV). The SCDMV can suspend your driver's license even if you are not convicted of the DUI in criminal court.

This guide focuses on the ALR process and how to potentially avoid a license suspension or obtain a restricted license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence! You have a very limited window to protect your driving privileges. You MUST request an Administrative License Revocation (ALR) hearing within 15 days of your DUI arrest. Failing to do so will result in an automatic suspension of your driver's license.

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

• How to Request: While specific methods are subject to change, here are the typical ways to request an ALR hearing in South Carolina:

• Online: Check the SCDMV website (www.scdmvonline.com) for online hearing request options. This is often the fastest and most efficient method.

• Phone: Contact the SCDMV directly by phone. Their contact information is available on their website. Be prepared to provide your driver's license number and details about your arrest.

• Mail: Send a written request for an ALR hearing to the SCDMV. It is highly recommended to send it via certified mail with return receipt requested to ensure proof of delivery. Include your full name, driver's license number, date of arrest, arresting agency, and a clear statement that you are requesting an ALR hearing. The address for mailing can be found on the SCDMV website.

• What Happens if You Miss the Deadline: If you fail to request a hearing within the 15-day deadline, your driver's license will automatically be suspended. There are very limited exceptions to this rule, so act quickly.

Automatic License Suspension

The SCDMV can automatically suspend your license based on the circumstances of your DUI arrest, regardless of the outcome of your criminal case.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was 0.08% or higher, your license will be suspended administratively. The suspension period for a first offense is typically six months.

• Temporary Permit: You likely received a temporary driving permit after your arrest. This permit is typically valid until your ALR hearing or until the suspension period begins, whichever comes first. Pay close attention to the expiration date on the permit.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test when requested by law enforcement carries a significantly harsher penalty than failing the test. In South Carolina, refusing testing typically results in a license suspension of at least one year for a first offense.

• Implied Consent Law in South Carolina: South Carolina, like most states, has an implied consent law. This means that by driving on South Carolina roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can lead to administrative penalties, as described above.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: It's crucial to remember that the ALR hearing is completely separate from your criminal DUI case. The outcome of the ALR hearing does not directly affect the criminal charges, and vice versa.

• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the SCDMV has sufficient grounds to suspend your driver's license.

• Lower Burden of Proof than Criminal Trial: The burden of proof at an ALR hearing is lower than in a criminal trial. The SCDMV only needs to show that it is more likely than not (a preponderance of the evidence) that you were driving under the influence. This is a lower standard than "beyond a reasonable doubt," which is required for a criminal conviction.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include:

• Witness statements

• Dashcam footage or body camera footage (if available)

• Medical records (if they explain your behavior)

• Any other documentation that contradicts the police report

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Charleston County ALR hearings can significantly improve your chances of success. They can help you:

• Understand the law and procedures

• Gather and present evidence effectively

• Cross-examine witnesses

• Negotiate with the SCDMV

• Understand What You Can Challenge: You can challenge several aspects of the suspension at the ALR hearing, including:

• Whether the officer had reasonable suspicion to stop you.

• Whether the officer had probable cause to arrest you for DUI.

• Whether you were properly informed of your implied consent rights.

• Whether the breathalyzer machine was properly calibrated and maintained.

• Whether the breathalyzer test was administered correctly.

• Whether the blood test was properly drawn and analyzed.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the SCDMV has sufficient grounds for suspension, your license will be suspended for the applicable period.

• Suspension Overturned: If the hearing officer finds that the SCDMV does not have sufficient grounds for suspension, your license will be reinstated.

• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in South Carolina

Even with a suspended license, you might be able to obtain a restricted license that allows you to drive under specific circumstances.

• Eligibility Requirements: Eligibility requirements for a restricted license vary depending on the length of your suspension and whether you refused testing. You typically need to demonstrate a genuine need to drive for work, school, or medical reasons.

• What You Can Drive For: A restricted license typically allows you to drive only to and from:

• Your place of employment

• School or educational programs

• Medical appointments

• Alcohol and Drug Safety Action Program (ADSAP) classes

• Court-ordered meetings

• Costs and Application Process: The application process for a restricted license involves completing an application form and paying a fee to the SCDMV. You may also need to provide documentation to support your need for a restricted license.

• IID Requirement: In some cases, a restricted license may require you to install an Ignition Interlock Device (IID) in your vehicle. An IID prevents the vehicle from starting if it detects alcohol on your breath.

Getting Your License Back

After your suspension period ends and you have completed all requirements, you can reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:

• Paying a reinstatement fee to the SCDMV.

• Completing any required alcohol education or treatment programs (ADSAP).

• Providing proof of SR-22 insurance (see below).

• Fees: The reinstatement fee varies depending on the length of your suspension and other factors.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the SCDMV for drivers considered high-risk. You will likely need to maintain SR-22 insurance for a period of time after a DUI conviction or suspension.

• Classes/Programs That Must Be Completed: The Alcohol and Drug Safety Action Program (ADSAP) is a mandatory program for individuals convicted of DUI in South Carolina. You must complete ADSAP to have your license reinstated.

Charleston County DMV Offices

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• Charleston DMV: , [Phone Number], [Hours of Operation]
• North Charleston DMV: , [Phone Number], [Hours of Operation]
• Mount Pleasant DMV: , [Phone Number], [Hours of Operation]

(Always verify the most up-to-date information on the SCDMV website.)

Special Programs

• Ignition Interlock Device Program: As mentioned above, the IID program may be required for a restricted license or as a condition of license reinstatement after a DUI conviction.

• Occupational License: South Carolina does offer an occupational license in limited circumstances. This allows you to drive for work purposes if your license is suspended. Discuss this option with your attorney.

This guide provides general information about DUI license suspensions in Charleston County, South Carolina. Remember to consult with a qualified South Carolina DUI attorney to discuss your specific situation and protect your rights. Don't delay – the 15-day deadline to request an ALR hearing is critical.