Clarendon County License Hearing Guide

An arrest for driving under the influence in this jurisdiction initiates two entirely separate legal processes. The criminal prosecution occurs in the local court system, while the administrative license suspension is managed exclusively by the South Carolina Department of Motor Vehicles (SCDMV). This administrative track moves forward regardless of the ultimate outcome of your criminal charges. If you do not challenge the suspension immediately, your driving privileges are suspended under state implied consent laws.

CRITICAL DEADLINE: Request Hearing Within 30 Days

You have exactly 30 days from the date of your arrest to challenge an administrative license suspension. This process requires submitting a formal request for an Administrative License Revocation (ALR) hearing to the South Carolina Office of Motor Vehicle Hearings (OMVH).

The request must be submitted using Form DL-118A and accompanied by a non-refundable $200 filing fee. If you fail to submit this request and payment within the 30-day window, your suspension becomes final. You lose all rights to challenge the suspension once this deadline passes. The 30-day clock begins on the day of your arrest, not when you receive notice in the mail.

Automatic License Suspension

If You Took the Breath/Blood Test and Failed

Under South Carolina Code of Laws Title 56, registering a blood alcohol concentration (BAC) of 0.15% or higher on a breath or blood test triggers an automatic 30-day administrative license suspension for a first offense. The arresting officer confiscates your physical driver's license at the time of the test. You receive a notice of suspension that serves as a temporary driving permit. This temporary permit is valid for 30 days, allowing you to drive while you decide whether to request an administrative hearing.

If You Refused Testing

South Carolina's implied consent law mandates that any person who drives a motor vehicle in the state agrees to submit to chemical testing if arrested for suspected DUI. Refusing to submit to a breath, blood, or urine test results in an immediate six-month administrative license suspension for a first offense. This suspension is separate from any criminal penalties imposed by a court. The suspension is immediate, and your physical license is taken on the spot.

The ALR/Administrative Hearing

What It Is

The administrative hearing is an evidentiary proceeding conducted by an administrative law judge from the OMVH. It is not a criminal trial. The hearing officer only considers specific legal issues defined by state statute. These issues include whether the arresting officer had reasonable suspicion to stop your vehicle, whether probable cause existed for the DUI arrest, whether you were properly read your implied consent rights, and whether you refused the test or registered a BAC of 0.15% or higher. The standard of proof is a preponderance of the evidence.

How to Prepare

Possible Outcomes

If the hearing officer rules in your favor, the administrative suspension is overturned. The SCDMV restores your regular driving privileges. If the suspension is sustained, your license remains suspended for the remainder of the statutory period.

Hardship/Restricted License in South Carolina

You can apply for a Temporary Alcohol License (TAL) after requesting your administrative hearing. The TAL costs $100 and allows you to drive without route restrictions while your hearing is pending. This permit is critical for maintaining your daily schedule while waiting for the OMVH to set a hearing date.

If your suspension is upheld at the hearing, you may be eligible for a Route-Restricted Active Suspension License. This restricted license requires a $100 fee paid to the SCDMV. It limits your driving strictly to travel directly between your residence and your place of employment, school, or court-mandated treatment programs. You must provide certified documentation of your employment or school schedule to qualify.

Getting Your License Back

After Criminal Case Concludes

Restoring your full driving privileges after a suspension requires meeting multiple state mandates. You must pay a $100 reinstatement fee directly to the SCDMV.

SR-22 Insurance Requirement

You must obtain an SR-22 certificate of financial responsibility from your auto insurance carrier. The insurer must file this form electronically with the SCDMV headquarters in Columbia. Local branch staff in Manning cannot accept physical SR-22 filings. You must maintain this high-risk policy rider continuously for three years. If your policy lapses at any point during this period, the insurer is legally required to notify the SCDMV, which triggers an immediate suspension of your license.

ADSAP Enrollment

State law requires enrollment in the Alcohol and Drug Safety Action Program (ADSAP) within 30 days of a license suspension being finalized. The designated provider for this area is Clarendon Behavioral Health Services, located at 14 North Church Street, Manning, SC 29102. The state does not accept out-of-state or unauthorized online courses for license reinstatement. You must complete the curriculum through state-sanctioned county authorities like Clarendon Behavioral Health Services. In addition to administering ADSAP, this facility serves as the primary authority for mandated substance abuse evaluations and subsequent outpatient treatment required by the courts.

Local DMV Office

For transactions that cannot be completed online, the local service center is the Manning SCDMV Office:

• Address: 3721 Alex Harvin Hwy, Manning, SC 29102
• Phone: 803-473-3432

Special Programs

Ignition Interlock Device (IID) Program

Certain offenders are required to install an Ignition Interlock Device (IID) to regain driving privileges. The IID is wired into the vehicle's ignition and prevents the engine from starting if alcohol is detected on the driver's breath. You must have the device installed and calibrated monthly by a state-approved provider. The program requires strict adherence to calibration schedules, and any missed appointments or failed breath tests are reported directly to the SCDMV, extending the duration of your interlock requirement.