Florence County License Hearing Guide

Your License After a DUI Arrest

An arrest for Driving Under the Influence (DUI) in South Carolina triggers two entirely separate legal tracks. The first is the criminal case, prosecuted in a magistrate or municipal court, which deals with fines, jail time, and criminal records. The second is the administrative track, managed entirely by the South Carolina Department of Motor Vehicles (SCDMV). This administrative track controls your privilege to drive.

The administrative track begins immediately upon arrest, completely independent of whether you are ultimately convicted in criminal court. Even if your criminal charges are eventually dismissed, your administrative suspension can remain in effect. The state does not offer grace periods for administrative actions.

CRITICAL DEADLINE: Request Hearing Within 15 Days

The clock starts immediately. You have exactly 15 days from the date of your arrest to challenge an administrative license suspension. This process is called requesting an Administrative License Revocation (ALR) hearing, or an Implied Consent Hearing.

To request this hearing, you must submit SCDMV Form DL-116 (Implied Consent Hearing Request). You must include a non-refundable $200 fee. This request must be mailed to the SCDMV or submitted online through the department's transaction portal.

The DMV does not grant extensions. If you miss this 15-day deadline, you lose your right to challenge the suspension. The suspension will automatically begin, and you will be forced to serve the entire suspension term.

Automatic License Suspension

South Carolina Code § 56-5-2950 establishes the state's implied consent law. By operating a motor vehicle on state roads, you agree to submit to chemical testing if arrested for DUI.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath test on the DataMaster MT device and registered a Blood Alcohol Concentration (BAC) of 0.15% or higher, your license is suspended immediately. For a first offense, this suspension lasts for 1 month.

The arresting officer will confiscate your physical driver's license. You will receive a paper form called a Notice of Suspension. This paper serves as a temporary driving permit. It is valid for only 30 days from the arrest date.

If You Refused Testing

Refusing to provide a breath, blood, or urine sample triggers an immediate administrative suspension. Under the implied consent law, a first refusal results in an automatic 6-month license suspension.

This suspension is administrative. It takes effect immediately. The outcome of your criminal trial has no direct impact on this suspension.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative trial. It is conducted by an administrative law judge from the South Carolina Office of Motor Vehicle Hearings (OMVH). It does not take place in the criminal court.

The standard of proof is lower than in criminal court. The state does not have to prove you were guilty of driving under the influence beyond a reasonable doubt. Instead, the hearing officer decides specific legal questions based on a preponderance of the evidence.

The hearing will focus solely on whether:

• The arresting officer had probable cause to arrest you for DUI.
• You were properly arrested.
• You were informed of your implied consent rights.
• You refused the test, or took the test and registered a BAC of 0.15% or higher.
• The testing operator followed all official procedures.

How to Prepare

You must review the evidence collected by the arresting agency. This agency may be the South Carolina Highway Patrol (Troop Five) or a local municipal police department.

Under South Carolina Code § 56-5-2953, the arresting officer must comply with strict video recording requirements. The officer must record the field sobriety tests at the roadside and the entire breath testing procedure in the testing room. Any failure to record these events can be used as grounds to dismiss the administrative suspension.

Possible Outcomes

• Suspension Upheld: The judge rules that the officer followed all statutory procedures and had probable cause. The suspension stays in place.
• Suspension Overturned: If the officer fails to appear at the hearing, or if your counsel proves that the officer violated implied consent procedures, the suspension is rescinded. Your regular driving privileges are restored.
• Temporary Alcohol License (TAL): Once the OMVH processes your hearing request, you can apply for a TAL. This license costs $100 at the DMV. It allows you to drive legally and without route restrictions while you wait for your hearing date.

Hardship/Restricted License in South Carolina

If your suspension is upheld, or if you failed to request a hearing within the 15-day window, you may qualify for a restricted license.

Route-Restricted License: You can apply for a route-restricted license if your suspension is for a first-offense implied consent violation or a BAC of 0.15% or higher. This license restricts your driving strictly to travel between your home and your place of employment, school, or your ADSAP program. You are only allowed one route-restricted license in your lifetime.

Ignition Interlock Device (IID) Program: Under Emma's Law, you can choose to enroll in the IID program instead of serving a hard suspension. This requires you to install an approved breath-testing device in your vehicle.

Getting Your License Back

After Criminal Case Concludes

To fully restore your driving privileges after your suspension ends or your criminal case is resolved, you must satisfy several state requirements.

ADSAP Enrollment: Anyone convicted of a DUI or suspended under implied consent laws must complete the Alcohol and Drug Safety Action Program (ADSAP). In the local area, these services are provided by Circle Park Behavioral Health Services. You must enroll within 30 days of your conviction or suspension. The total cost for assessment and education can reach up to $2,500.

SR-22 Insurance: You must have your auto insurance provider file an SR-22 certificate of financial responsibility with the SCDMV. This form proves you carry the minimum liability coverage. You must maintain this filing for three consecutive years.

Reinstatement Fee: You must pay a $100 reinstatement fee directly to the SCDMV.

Florence DMV Offices

You must visit a local DMV branch to apply for a TAL, obtain a route-restricted license, or pay your reinstatement fees. The primary local office is:

Florence DMV Branch Office

• Address: 3102 S. Cashua Drive, Florence, SC 29501
• Hours: Monday, Tuesday, Thursday, Friday 8:30 AM - 5:00 PM; Wednesday 9:30 AM - 5:00 PM

Special Programs

Ignition Interlock Device (IID) Program: This program is overseen by the South Carolina Department of Probation, Parole and Pardon Services (SCDPPPS). If you participate, you must have the device inspected and calibrated by a certified technician every 60 days.

Temporary Alcohol License (TAL): This program is only available if you file your hearing request within the 15-day limit. It is an effective tool to maintain full driving privileges during the administrative appeal process.