Colleton County License Hearing Guide

A DUI arrest in Colleton triggers a dual-track legal system. The criminal charge proceeds through the Magistrate Court or the Court of General Sessions, while the administrative license suspension is handled independently by the South Carolina Department of Motor Vehicles (SCDMV). These two tracks operate on completely separate pathways. A dismissal of the criminal charge in court does not automatically void an administrative suspension initiated under South Carolina's implied consent laws.

CRITICAL DEADLINE: Request Hearing Within 30 Days

The Office of Motor Vehicle Hearings (OMVH) in Columbia processes all administrative hearing requests. The local DMV branch in Walterboro has no legal authority to schedule these hearings or handle the initial paperwork.

You must submit the hearing request within exactly 30 calendar days from the date of your arrest. This 30-day window includes weekends and holidays. If the OMVH does not physically receive the request within this timeframe, your right to an administrative hearing is permanently forfeited.

To request a hearing, you must mail or hand-deliver the required form to the Office of Motor Vehicle Hearings, South Carolina Administrative Law Court, 1205 Pendleton Street, Suite 325, Columbia, S.C. 29201. The submission must include a $200 filing fee. This fee cannot be paid with cash or a personal check. It must be paid via a money order that is physically signed by either you or your attorney. Unsigned money orders result in immediate rejection, which can cause you to miss the strict 30-day deadline. Represented defendants must file through the mandatory E-Filing System.

Automatic License Suspension

Under South Carolina Code § 56-5-2950, operating a motor vehicle in the state implies consent to chemical testing of your breath, blood, or urine if you are arrested for driving under the influence.

If You Took the Breath/Blood Test and Failed

If you submit to a breathalyzer test on the DataMaster DMT and register a blood alcohol concentration (BAC) of 0.15 percent or higher, your driving privileges are suspended immediately. This administrative suspension takes effect before any trial or conviction in criminal court. A temporary driving permit is not issued automatically at the scene of the arrest.

If You Refused Testing

Refusing to submit to chemical testing triggers an immediate administrative license suspension under the state's implied consent laws. The suspension period for a refusal is longer than the suspension for registering a high BAC. This penalty is administrative and remains active even if the criminal DUI charge is later dismissed, reduced, or resolved without a conviction.

The ALR/Administrative Hearing

What It Is

The administrative hearing is an evidentiary proceeding conducted by a neutral hearing officer from the OMVH. It is not a criminal trial. The purpose of the hearing is to determine whether the administrative license suspension was legally justified. The burden of proof is a preponderance of the evidence, which is a lower standard than the proof beyond a reasonable doubt required in criminal court.

How to Prepare

Possible Outcomes

The hearing officer will issue a written decision with one of three potential outcomes:

• Suspension Upheld: The administrative license suspension remains in place. You must complete the Alcohol and Drug Safety Action Program (ADSAP) to reinstate your license.
• Suspension Overturned: The suspension is rescinded, and your standard driving privileges are restored, provided there are no other active suspensions.
• Temporary License Continued: If you obtained a Temporary Alcohol Restricted License (TARL) before the hearing, its validity ends upon the issuance of the final decision.

Hardship/Restricted License in South Carolina

You can apply for a Temporary Alcohol Restricted License (TARL) to maintain driving privileges while awaiting your administrative hearing. You must first file the hearing request with the OMVH and receive the official scheduling notice.

Once you have the scheduling notice, you must visit the local Walterboro DMV branch. You must present the OMVH authorization letter and pay a $100 reinstatement fee. The TARL allows you to drive without geographic or purpose-based restrictions within the state while the administrative case is pending.

If the suspension is upheld at the hearing, or if you failed to request a hearing within 30 days, you must enroll in the Alcohol and Drug Safety Action Program (ADSAP). Under Emma's Law, a suspension for a BAC of 0.15 percent or higher, or any repeat offense, requires the installation of an Ignition Interlock Device (IID) to obtain a restricted license.

Getting Your License Back

After Criminal Case Concludes

Reinstating your standard driver's license after the suspension period requires satisfying several administrative mandates. You must pay all required reinstatement fees to the SCDMV.

You must also obtain an SR-22 certificate of financial responsibility from your insurance provider. The insurer files this certificate directly with the SCDMV. You must maintain this insurance filing for high-risk drivers for a minimum of 36 months. Any lapse in coverage will result in an immediate suspension