Clarendon County License Hearing Guide

Clarendon County DUI License Suspension & ALR Hearing

After a DUI arrest in Clarendon County, South Carolina, you face two separate but related legal battles: a criminal case in court and an administrative license suspension handled by the South Carolina Department of Motor Vehicles (SCDMV). This guide focuses on the administrative process and how to fight to keep your driving privileges. Understanding this process and acting quickly is critical, as strict deadlines apply.

CRITICAL DEADLINE: Request Hearing Within 30 Days

You have a very limited time to challenge your license suspension. In South Carolina, you must request an Administrative Hearing with the Office of Motor Vehicle Hearings (OMVH) within 30 days of your DUI arrest. This deadline is absolute.

To request a hearing:

• Contact the OMVH.
• You can find contact information on the SC Office of Motor Vehicle Hearings - Home page.

Missing this deadline results in an automatic suspension of your driver's license. There are very few exceptions.

Automatic License Suspension

Even before your criminal case goes to court, your driver's license may be automatically suspended following a DUI arrest. The reason for the suspension and its length depend on whether you took a breath or blood test and, if so, the results.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08% or higher, the SCDMV will suspend your license. The length of the suspension varies based on prior offenses and BAC level.

After a DUI arrest, the arresting officer should provide you with a Notice of Suspension. This notice acts as a temporary driving permit, valid until your administrative hearing or until the suspension officially begins.

If You Refused Testing

South Carolina, like all states, has an implied consent law. This means that by driving on South Carolina roads, you have implicitly agreed to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing to submit to testing carries significant penalties.

Refusing a breath, blood, or urine test results in an automatic license suspension, typically longer than suspensions for failing a test.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing, also known as an administrative hearing, is a civil proceeding separate from your criminal DUI case. It determines whether the SCDMV is justified in suspending your driver's license.

What It Is

The ALR hearing is held before an administrative law judge. The burden of proof is lower than in a criminal trial. The SCDMV only needs to show by a preponderance of the evidence (more likely than not) that you were lawfully arrested for DUI and that your license should be suspended.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This may include witness statements, photographs, videos, or police reports.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Clarendon County can help you navigate the complexities of the ALR hearing process, gather evidence, and present a strong defense. Local attorneys like Deas Law Firm (Garryl L. Deas) in Sumter County and Coffey & McKenzie PA, which is physically located in Clarendon County, specialize in challenging breath tests and S.52 video compliance.
• Understand What You Can Challenge: You can challenge various aspects of the DUI stop and arrest, including whether the officer had reasonable suspicion to stop you, whether the breathalyzer was properly calibrated, and whether proper procedures were followed during the arrest.

Possible Outcomes

There are several possible outcomes of the ALR hearing:

• Suspension Upheld: The administrative law judge upholds the suspension, and your license remains suspended for the statutory period.
• Suspension Overturned: The administrative law judge overturns the suspension, and your license is reinstated immediately.
• Restricted/Hardship License Granted: The administrative law judge may grant a restricted or hardship license, allowing you to drive under certain conditions.

Hardship/Restricted License in South Carolina

Even if your license is suspended, you may be eligible for a restricted or hardship license in South Carolina, allowing you to drive for essential purposes.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your DUI and any prior offenses.
• What You Can Drive For: Restricted licenses typically allow driving for work, school, medical appointments, and ADSAP classes.
• Costs and Application Process: The SCDMV has specific procedures and fees for applying for a restricted license.
• IID Requirement: Depending on the circumstances, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of the restricted license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

Even if you win your ALR hearing and get your license back temporarily, you will likely face another suspension if convicted in criminal court.

• Reinstatement Requirements: Reinstatement requirements vary depending on the specifics of your case and the length of the suspension. Generally, you will need to complete all court-ordered requirements, including fines, community service, and ADSAP.
• Fees: The SCDMV charges reinstatement fees.
• SR-22 Insurance Requirement: South Carolina requires an SR-22 certificate of financial responsibility to reinstate a suspended license following a DUI conviction. The SR-22 is not an insurance policy itself but a rider attached to a high-risk policy. The form is filed electronically by the auto insurance carrier directly with the SCDMV in Columbia. This will result in drastically elevated monthly premiums for a minimum of three years.
• Classes/Programs That Must Be Completed: You will likely be required to complete the Alcohol and Drug Safety Action Program (ADSAP) before your license can be reinstated. Enrollment is mandatory within 30 days of a license suspension being finalized. The nearest approved ADSAP provider is Clarendon Behavioral Health Services, located at 14 North Church Street, Manning, SC 29102. The SCDMV categorically rejects out-of-state or unauthorized online classes for license reinstatement.

Clarendon County DMV Offices

The Manning SCDMV office is located at:

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

Special Programs

• Ignition Interlock Device (IID) Program: South Carolina law may require you to install an IID in your vehicle as a condition of license reinstatement or a restricted license.
• Alcohol and Drug Safety Action Program (ADSAP): As mentioned, ADSAP is mandatory for license reinstatement after a DUI conviction. Clarendon Behavioral Health Services serves as the primary county authority for mandated substance abuse evaluations and subsequent outpatient treatment required by the courts.

Frequently Asked Questions

Q: Where do I go to take my ADSAP course in Clarendon County? A: You must enroll in the Alcohol and Drug Safety Action Program (ADSAP) through Clarendon Behavioral Health Services, located at 14 North Church Street, Manning, SC 29102.

Q: How long do I have to request an administrative hearing after my DUI arrest in Clarendon County? A: You have 30 days from the date of your arrest to request an administrative hearing with the South Carolina Office of Motor Vehicle Hearings (OMVH).

Q: Will an online DUI class satisfy the ADSAP requirement for license reinstatement in Clarendon County? A: No. The SCDMV will only accept ADSAP courses completed through state-sanctioned county authorities like Clarendon Behavioral Health Services. Out-of-state or unauthorized online classes will be rejected.