Cherokee County License Hearing Guide

Cherokee County DUI License Suspension & ALR Hearing

Being arrested for a DUI in Cherokee County, South Carolina, can be a frightening experience. Besides the criminal charges you face, you also need to understand the potential impact on your driving privileges. This guide provides immediate, practical information about license suspension and the Administrative License Revocation (ALR) hearing process in Cherokee County, helping you navigate this critical aspect of your DUI case. It's important to understand that the ALR process is completely separate from your criminal case. This means your license can be suspended even if you are later found not guilty in criminal court.

CRITICAL DEADLINE: Request Hearing Within 30 Days

Following a DUI arrest in South Carolina, you have a very limited time to request an ALR hearing to contest the suspension of your driver's license. You must request this hearing within 30 days of your arrest. This is a non-negotiable deadline.

Where to Request: The hearing is requested through the South Carolina Department of Motor Vehicles (SCDMV).

How to Request: You can request the ALR hearing by:

• Online: Visit the SCDMV website (www.scdmvonline.com) and follow the instructions for requesting an ALR hearing.
• Mail: Send a written request, including your full name, driver's license number, date of birth, and the date of your DUI arrest, to:

SCDMV Driver Services PO Box 1498 Blythewood, SC 29016-0001

• In Person: Visit any SCDMV location and submit your request in person.

What Happens If You Miss the Deadline: If you fail to request a hearing within 30 days of your arrest, your license will be automatically suspended. There is very little recourse if you miss this deadline, so act quickly.

Automatic License Suspension

Even before your criminal case is resolved, your driver's license can be suspended administratively based on the circumstances of your arrest. The grounds for suspension depend on whether you submitted to a breath or blood test and the results, or if you refused 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, the SCDMV will suspend your license for a period of six months.
• Temporary Permit: The officer who arrested you should have issued a temporary driving permit, which is typically valid for 45 days. This temporary permit allows you to drive until your ALR hearing takes place or until the suspension officially begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty than failing the test. In South Carolina, if you refuse testing, your license will be suspended for one year.
• Implied Consent Law in South Carolina: By driving on South Carolina roads, you have given your implied consent to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing carries significant consequences.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to challenge the suspension of your driver's license. It's a separate proceeding from your criminal DUI case and is conducted by the SCDMV.

What It Is

• Separate from Criminal Court: Remember, the outcome of the ALR hearing does not directly impact your criminal case, and vice versa. However, evidence presented at the ALR hearing can potentially be used in your criminal proceedings.
• 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 by a "preponderance of the evidence" (more likely than not) that the suspension was justified.

How to Prepare

Thorough preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as:
• Witness statements (e.g., from passengers or others who observed your driving).
• Dashcam or body camera footage (if available).
• Medical records that might explain a high BAC reading (e.g., due to a medical condition).
• Photos or videos of the location where you were stopped, showing potential issues with visibility or road conditions.
• Consider Hiring a DUI Attorney: A qualified DUI attorney can provide invaluable assistance in preparing for and representing you at the ALR hearing. They understand the relevant laws and procedures, can gather evidence, and can present your case effectively.
• Understand What You Can Challenge: You can challenge various aspects of the suspension, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether you were lawfully arrested for DUI.
• Whether the breath or blood test was administered properly.
• Whether the testing equipment was properly calibrated and maintained.
• Whether you were properly informed of your Miranda rights and your implied consent rights.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the SCDMV had sufficient grounds to suspend your license, the suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the SCDMV did not have sufficient grounds, the suspension will be overturned, and 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.

Hardship/Restricted License in South Carolina

South Carolina allows for a restricted license, also known as a route-restricted license, in certain DUI cases.

• Eligibility Requirements: Generally, you may be eligible for a route-restricted license if your license is suspended for a first-offense DUI and you meet certain conditions, such as completing the Alcohol and Drug Safety Action Program (ADSAP). The waiting period to apply for a route-restricted license depends on the circumstances of your DUI.
• What You Can Drive For: A route-restricted license typically allows you to drive only for specific purposes, such as:
• To and from work.
• To and from school or educational programs.
• To and from court-ordered treatment programs.
• To and from medical appointments.
• Costs and Application Process: You'll need to apply for the route-restricted license through the SCDMV and pay the applicable fees. You'll also need to provide documentation to support your need for the license (e.g., a letter from your employer).
• IID Requirement: In some cases, the court may require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a route-restricted license.

Getting Your License Back

Getting your license back after a DUI suspension involves several steps, both after the ALR suspension period and after your criminal case concludes.

After Criminal Case Concludes

• Reinstatement Requirements: After the suspension period is over, you must meet certain requirements to reinstate your license, including:
• Fees: Paying a reinstatement fee to the SCDMV.
• SR-22 Insurance Requirement: Obtaining SR-22 insurance (proof of financial responsibility), which is typically required for three years following a DUI conviction.
• Classes/Programs That Must Be Completed: Completing any required DUI education or treatment programs, such as ADSAP.

Cherokee County DMV Offices

Here are the DMV offices near Cherokee County. Check the SCDMV website for updated hours and closures:

• Gaffney DMV Office:
• Address: 107 Beltline Rd, Gaffney, SC 29341
• Phone: (803) 896-5000
• Spartanburg DMV Office:
• Address: 8199 Warren H Abernathy Hwy, Spartanburg, SC 29301
• Phone: (803) 896-5000

Special Programs

• Ignition Interlock Device Program: As mentioned above, the court may require you to install an IID in your vehicle as a condition of obtaining a route-restricted license or as part of your sentence after a DUI conviction.
• Alcohol and Drug Safety Action Program (ADSAP): ADSAP is a state-mandated program for individuals convicted of DUI. It involves education and, in some cases, treatment to address alcohol or drug abuse issues.

This information is intended for general guidance only and should not be considered legal advice. It is highly recommended that you consult with a qualified DUI attorney in Cherokee County, South Carolina, to discuss your specific situation and protect your rights. They can help you navigate the complex legal process, understand your options, and fight for the best possible outcome in your case.