URGENT: South Carolina Implied Consent Hearing - 30 Day Deadline
You have 30 days from arrest to request an Implied Consent hearing with the SC Office of Motor Vehicle Hearings (OMVH). Missing this deadline results in automatic license suspension.
South Carolina DUI Administrative Hearing
Complete guide to requesting and winning your SC implied consent hearing to keep your license after a DUI arrest.
Take Action Now
Request Hearing Immediately
Contact SC Office of Motor Vehicle Hearings within 30 days:
SC Office of Motor Vehicle Hearings (OMVH)
Required Information
- Full name and date of birth
- South Carolina driver license number
- Date and location of arrest
- Arresting agency and officer name
- Payment: $200 hearing fee
South Carolina DUI Timeline
Arrest & Notice
DUI arrest, temporary alcohol license issued, breath/blood test administered
Request Hearing Window
Must request implied consent hearing within 30 days
Automatic Suspension
If no hearing requested, license suspension begins automatically
Hearing Process
Hearing scheduled, evidence reviewed, decision issued by hearing officer
SC Implied Consent Law
South Carolina Code § 56-5-2950 requires chemical testing when lawfully arrested for DUI. Consequences vary by BAC level and refusal.
- •Refusal (1st): 6-month suspension
- •BAC 0.08-0.15%: 6-month suspension
- •BAC 0.15%+: Ignition interlock required
- •Under 21: 3-month suspension (BAC 0.02+)
Hearing Issues
SCDMV must prove these elements at your hearing:
- You were lawfully arrested for DUI
- Officer had probable cause to arrest
- You were advised of implied consent rights
- You refused OR tested 0.08% or higher
- Breathalyzer was properly calibrated
South Carolina License Suspension Periods
Administrative Suspension
Provisional License Options
Note: SC offers an Ignition Interlock Device (IID) program that may allow you to drive during suspension with restrictions.
SC Implied Consent Hearing Process
Hearing Details
- Location: OMVH office or video conference
- Duration: 30-60 minutes typically
- Officer: Administrative law judge
- Evidence: Police report, breath test results, video
- Standard: Preponderance of evidence
Your Rights
- Right to legal representation
- Right to cross-examine the arresting officer
- Right to present evidence and testimony
- Right to subpoena witnesses and documents
- Right to appeal the decision
South Carolina Hearing Defenses
Common Technical Defenses
- •DataMaster issues: Calibration or maintenance problems
- •Blood test errors: Chain of custody, contamination
- •20-minute observation: Officer failed to observe properly
- •Medical conditions: GERD, diabetes affecting results
- •Rising BAC defense: BAC below 0.08 while driving
Procedural Defenses
- •Lack of probable cause: Invalid arrest
- •No reasonable suspicion: Invalid traffic stop
- •Improper implied consent: Notice not read correctly
- •Video evidence: Contradicts officer's report
- •Operator certification: Officer not properly certified
SCDMV Contacts
Fee: $200 (non-refundable)
Your Next Steps in South Carolina
Immediate Actions (Days 1-30):
- 1Request hearing with OMVH or call (803) 737-1200
- 2Pay $200 hearing fee
- 3Contact South Carolina DUI attorney
- 4Obtain copy of arrest video
Pre-Hearing Preparation:
- Obtain complete police report and incident report
- Request DataMaster calibration records
- Review dashcam/bodycam footage
- Document your timeline of events
- Identify potential witnesses
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