Chesterfield County License Hearing Guide

Chesterfield County DUI License Suspension & ALR Hearing

A DUI arrest in Chesterfield County, South Carolina triggers two separate legal processes: a criminal case in court, and an administrative action against your driver's license handled by the South Carolina Department of Motor Vehicles (SCDMV). This guide focuses on the administrative side – specifically, how to navigate the license suspension process and the Administrative License Revocation (ALR) hearing. Understanding these procedures and deadlines is crucial to protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 30 Days

After a DUI arrest in South Carolina where you either refused chemical testing or registered a Blood Alcohol Content (BAC) of 0.15% or higher, the arresting officer issues a Notice of Suspension on the spot. This triggers an immediate implied consent license suspension. To challenge this suspension, you must request an Administrative Hearing within 30 calendar days from the date of the Notice of Suspension. This deadline is absolute.

Where to Request: The Office of Motor Vehicle Hearings (OMVH), a specialized division of the South Carolina Administrative Law Court.

How to Request: File your request with the Office of Motor Vehicle Hearings, Edgar A. Brown Building, 1205 Pendleton Street, Suite 325, Columbia, S.C. 29201.

What happens if you miss the deadline: Missing the 30-day deadline permanently forfeits your right to challenge the administrative suspension. This results in an automatic sustained suspension, mandatory enrollment in the Alcohol and Drug Safety Action Program (ADSAP), and potential Ignition Interlock Device (IID) requirements even before your criminal trial begins. The formal hearing request must be physically received by the OMVH (or postmarked properly) within the 30-day window.

Automatic License Suspension

The grounds for automatic license suspension depend on whether you submitted to chemical testing and, if so, your BAC level.

If You Took the Breath/Blood Test and Failed

• BAC of 0.15% or higher: The arresting officer will issue a Notice of Suspension on the spot, triggering an immediate implied consent license suspension.

While waiting for the OMVH hearing to be scheduled, your license remains actively suspended unless you apply for a Temporary Alcohol License (TAL / TARL). After filing the hearing request and receiving the official receipt from the OMVH, you must immediately pay an additional $100 fee to the SCDMV to secure the TAL. This license permits unrestricted driving until the hearing officer renders a final administrative decision.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test results in a longer license suspension than failing the test.
• Implied Consent Law in South Carolina: By driving on South Carolina roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing carries significant penalties.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. Its sole purpose is to determine whether the SCDMV was justified in suspending your driver's license. It is not a determination of guilt or innocence regarding the DUI charge itself.

• Separate from criminal court: The outcome of the ALR hearing does not automatically determine the outcome of your criminal case, and vice versa.
• Decide if license suspension is warranted: The hearing officer will review the evidence and decide whether the SCDMV had sufficient 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 that it is more likely than not that the suspension was justified, rather than proving it beyond a reasonable doubt. If the SCDMV initiates disciplinary action, they hold the burden. However, defendants must arrive prepared to submit physical, admissible evidence (such as business records or witness testimony) proving the arresting officer lacked probable cause or violated SLED procedures during the breathalyzer administration.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or expert testimony regarding the breathalyzer test.
• Consider hiring a DUI attorney: A DUI attorney can help you gather evidence, prepare legal arguments, and represent you at the hearing. They can also cross-examine witnesses and challenge the SCDMV's evidence.
• 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, and whether the breathalyzer test was properly administered.

Possible Outcomes

• Suspension upheld: The hearing officer agrees with the SCDMV and upholds the license suspension.
• 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: In some cases, the hearing officer 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 Temporary Alcohol License (TAL / TARL), which allows you to drive under specific circumstances.

• Eligibility requirements: You must meet certain requirements to be eligible for a restricted license, such as enrolling in ADSAP and installing an Ignition Interlock Device (IID) in your vehicle.
• What you can drive for: A restricted license typically allows you to drive to and from work, school, medical appointments, and ADSAP classes.
• Costs and application process: Applying for a restricted license involves paying fees to the SCDMV and completing an application.
• IID requirement: Depending on the circumstances of your case, you may be required to install an IID in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

After the administrative suspension period ends and/or your criminal case concludes, you must take steps to reinstate your license.

• Reinstatement requirements: Reinstatement typically involves paying a reinstatement fee to the SCDMV, providing proof of insurance, and completing any required classes or programs.
• Fees: The reinstatement fee varies depending on the length of the suspension and the reason for the suspension.
• SR-22 insurance requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a certain period of time.
• Classes/programs that must be completed: You will likely be required to complete ADSAP before your license can be reinstated.

Chesterfield County DMV Offices

Contact the SCDMV Chesterfield Branch for assistance with license reinstatement, TAL applications, and other DMV-related matters.

• SCDMV Chesterfield Branch: 100 Laney St, Chesterfield, SC 29709
• Phone: 843-623-3541
• Hours: Mon, Tue, Thu, Fri: 8:30 AM - 5:00 PM; Wed: 9:30 AM - 5:00 PM

Special Programs

• Ignition Interlock Device Program: South Carolina requires IIDs for certain DUI offenders, especially those with high BAC levels or repeat offenses.
• Alcohol and Drug Safety Action Program (ADSAP): Defendants convicted of a DUI are legally mandated to complete the Alcohol and Drug Safety Action Program (ADSAP). Chesterfield County relies heavily on the state-mandated ADSAP infrastructure to facilitate rehabilitation, education, and risk mitigation in lieu of extended periods of incarceration.

Frequently Asked Questions

Q: Where is the Chesterfield County Detention Center located? A: The Chesterfield County Detention Center is located at 319 Goodale Road, Chesterfield, SC 29709.

Q: If I am unable to retrieve my vehicle from Burch's Towing because they are closed during normal business hours, will I be charged storage fees? A: No. South Carolina wrecker regulations state that you cannot be charged a storage fee for days you are unable to retrieve your vehicle due to an action or omission by the wrecker service.

Q: What is the non-emergency phone number for the Chesterfield County Sheriff's Office? A: The non-emergency phone number for the Chesterfield County Sheriff's Office is 843-623-2101.