Fairfield County License Hearing Guide

Fairfield County DUI License Suspension & ALR Hearing

A DUI arrest in Fairfield County, South Carolina can be a frightening experience. Beyond the criminal charges, you face the immediate threat of losing your driving privileges. This guide provides urgent, practical information about your license suspension and the Administrative License Revocation (ALR) hearing process in Fairfield County. It's crucial to understand these steps and act quickly to protect your driving privileges. Remember, this administrative process is separate from your criminal case.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Fairfield County, you have a very limited time to act to potentially save your driver's license. You MUST request an ALR hearing within 15 days of your arrest. This is a strict deadline, and missing it will result in an automatic suspension of your license.

Where to Request: South Carolina Department of Motor Vehicles (SCDMV).

How to Request: You can request your ALR hearing through the SCDMV in the following ways:

• Online: Visit the South Carolina DMV website (www.scdmvonline.com – check for the most updated link). Look for the section related to DUI and license suspensions.
• Phone: Call the SCDMV at (803) 896-5000. Be prepared to provide your driver's license information and details about your DUI arrest.
• Mail: Send a written request for an ALR hearing to:

SCDMV Driver Services P.O. Box 1498 Blythewood, SC 29016-0008

Your written request should include your full name, driver's license number, date of birth, date of arrest, arresting agency, and a clear statement that you are requesting an ALR hearing. Certified mail with return receipt requested is strongly recommended to prove you sent it on time.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. This suspension will begin 30 days after your arrest. There are very few exceptions to this rule.

Automatic License Suspension

Even if you request an ALR hearing, your license will be subject to an automatic suspension pending the outcome of the hearing. The length and conditions of this suspension depend on whether you took a breath or blood test and what the results were, or if you refused to take the test.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol content (BAC) was 0.08 or higher, your license will be suspended for six months if it's your first offense.
• Temporary Alcohol Restricted License (TARL): Upon arrest, you likely received a temporary alcohol restricted license (TARL). This permit is valid for 30 days and allows you to drive until your ALR hearing or until the suspension officially begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a much harsher penalty. In South Carolina, refusing the test results in a six-month license suspension for a first offense.
• Implied Consent Law in South Carolina: By driving on South Carolina roads, you have given your implied consent to submit to chemical testing if lawfully arrested for DUI. Refusing to do so carries significant consequences.

The ALR/Administrative Hearing

The ALR hearing is a critical opportunity to challenge the suspension of your driver's license. Understanding its purpose and how to prepare is essential.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding, entirely separate from your criminal DUI case. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.
• Decides If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the SCDMV had sufficient legal grounds to suspend your license.
• Lower Burden of Proof Than Criminal Trial: The standard of proof in an ALR hearing is lower than in a criminal trial. The SCDMV only needs to show "preponderance of the evidence" (more likely than not) that the suspension is justified, rather than "beyond a reasonable doubt" required in a criminal court.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, police reports, or any other documentation that challenges the basis for the suspension.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Fairfield County can provide invaluable assistance. They understand the ALR hearing process, can effectively present your case, cross-examine witnesses, and navigate the legal complexities.
• Understand What You Can Challenge: At the ALR hearing, you can challenge various aspects of the arrest and suspension, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered the field sobriety tests.
• Whether the breathalyzer or blood test was properly administered and the results are accurate.
• Whether you were properly informed of your implied consent rights.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds sufficient evidence to support the suspension, your license will remain suspended for the applicable period.
• Suspension Overturned: If the hearing officer finds that the SCDMV did not have sufficient grounds for the suspension, your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive under specific conditions (e.g., to work, school, or medical appointments).

Hardship/Restricted License in South Carolina

South Carolina may offer a route to limited driving privileges during your suspension through a provisional driver's license, also known as a hardship license.

• Eligibility Requirements: To be eligible for a hardship license, you typically need to demonstrate a legitimate need to drive, such as for employment, education, or medical purposes. You must also meet certain other requirements, such as completing the Alcohol and Drug Safety Action Program (ADSAP).
• What You Can Drive For: A hardship license typically restricts your driving to specific locations and times, such as driving to and from work, school, or medical appointments.
• Costs and Application Process: Applying for a hardship license involves paying a fee to the SCDMV and completing an application form. You will need to provide documentation to support your need for driving privileges.
• IID Requirement: Depending on the circumstances of your DUI arrest and your prior record, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

Once your suspension period is over, you're not automatically back on the road. You need to take specific steps to reinstate your driving privileges.

After Criminal Case Concludes

Regardless of the outcome of your ALR hearing, you will also face criminal charges. The outcome of your criminal case can further impact your license.

• Reinstatement Requirements: To reinstate your license after a DUI suspension, you will typically need to:
• Serve the full suspension period.
• Pay a reinstatement fee to the SCDMV.
• Provide proof of SR-22 insurance (high-risk auto insurance).
• Complete the ADSAP program.
• Fees: Reinstatement fees vary, so check the SCDMV website for the most up-to-date information.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the SCDMV, proving that you have the required liability coverage.
• Classes/Programs That Must Be Completed: The ADSAP program is a mandatory alcohol and drug education program that you must complete before your license can be reinstated.

Fairfield County DMV Offices

Unfortunately, I do not have specific address and hours data for Fairfield County DMV offices. Please check the official South Carolina DMV website (www.scdmvonline.com) for the most accurate and up-to-date information. You can also try searching online using terms like "Fairfield County SC DMV office" or "South Carolina DMV near me."

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required as a condition of a hardship license or as part of your criminal sentence. This device prevents your vehicle from starting if it detects alcohol on your breath.
• Occupational License: This is another term for a restricted license, allowing driving for essential purposes like work.
• ADSAP (Alcohol and Drug Safety Action Program): This state-mandated program is a key component of DUI penalties and license reinstatement. Completing ADSAP is typically required to get your license back.

Disclaimer: This guide provides general information and is not legal advice. DUI laws and procedures can change, and the information provided here may not be current. It is essential to consult with a qualified DUI attorney in Fairfield County, South Carolina, for personalized advice regarding your specific situation.