Georgetown County License Hearing Guide

Georgetown County DUI License Suspension & ALR Hearing

A DUI arrest in Georgetown County, South Carolina can be a frightening experience. Besides the criminal charges you're facing, you also need to understand the immediate threat to your driver's license. This guide provides critical information on the administrative license suspension process, the crucial ALR hearing, and how to navigate the system to protect your driving privileges. It's important to understand that the administrative process regarding your license is separate from the criminal case. Even if the criminal charges are dropped, you can still lose your license through the administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Georgetown County, time is of the essence! You have a very limited window – only 15 days – to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension of your driver's license before it automatically goes into effect. This is arguably the most important step you can take to protect your driving privileges.

Where to Request:

You must request the ALR hearing through the South Carolina Department of Motor Vehicles (SCDMV).

How to Request:

• Online: The SCDMV may offer an online portal for requesting hearings. Check the SCDMV website (www.scdmvonline.com) for the most up-to-date information and availability of this option.
• Phone: Contact the SCDMV directly by phone. The number will be available on the temporary driving permit you were issued at the time of your arrest. Be prepared to provide your driver's license information and details about your DUI arrest.
• Mail: You can submit a written request for an ALR hearing by mail. Include your full name, date of birth, driver's license number, the date of your arrest, and a clear statement that you are requesting an Administrative License Revocation hearing. Send the request via certified mail, return receipt requested, to ensure proof of delivery. The address to mail the request to will be on your temporary driving permit.

What Happens If You Miss the Deadline?

Missing the 15-day deadline is a critical mistake. If you fail to request a hearing within this timeframe, your South Carolina driver's license will be automatically suspended. This suspension will begin approximately 30 days after your arrest. Don't delay; act immediately to protect your rights.

Automatic License Suspension

The SCDMV can automatically suspend your license based on two primary reasons related to your DUI arrest: failing or refusing a breath/blood 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, the SCDMV will suspend your license. The length of the suspension depends on several factors, including whether this is your first DUI offense. For a first offense with a BAC between 0.08% and 0.15%, the suspension period is typically . Higher BAC levels can result in longer suspension periods.
• Temporary Permit Valid Until Hearing or Suspension Begins: Following your arrest, you should have been issued a temporary driving permit. This permit allows you to drive legally until either your ALR hearing takes place or the suspension period officially begins (approximately 30 days after your arrest if you don't request a hearing).

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a significantly harsher penalty than failing the test. In South Carolina, refusing the test results in a longer license suspension than failing it. The suspension period for refusing a test is typically .
• Implied Consent Law in South Carolina: South Carolina, like most states, operates under an "implied consent" law. This means that by driving on South Carolina roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to do so carries its own penalties, separate from the criminal DUI charge.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license. It's a critical step in protecting your driving privileges.

What It Is

• Separate from Criminal Court: It's essential to understand that the ALR hearing is a completely separate process from your criminal DUI case. The outcome of the ALR hearing does not directly impact the criminal charges, and vice versa. Even if the criminal charges are dropped, you can still lose your license through the ALR process.
• Decide 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. The hearing officer will review the evidence presented to decide whether the arrest was lawful, whether you were properly informed of your rights, and whether the BAC test (if taken) was administered correctly.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The SCDMV only needs to show "probable cause" that you were driving under the influence, while in a criminal trial, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, or any other documentation that casts doubt on the validity of the DUI arrest or the accuracy of the BAC test.
• Consider Hiring a DUI Attorney: Navigating the ALR hearing process can be complex. A DUI attorney experienced in South Carolina law can provide invaluable assistance. They can review the evidence, identify potential weaknesses in the SCDMV's case, and represent you at the hearing. While hiring an attorney involves a cost, it can be a worthwhile investment if your ability to drive is essential for your livelihood or other important responsibilities.
• Understand What You Can Challenge: You can challenge various aspects of the DUI arrest and the evidence against you at the ALR hearing. Common challenges include:
• Legality of the Stop: Was there a valid reason for the police officer to stop your vehicle?
• Probable Cause for Arrest: Did the officer have sufficient probable cause to believe you were driving under the influence?
• Administration of the BAC Test: Was the breath or blood test administered correctly, according to established procedures? Was the testing equipment properly calibrated and maintained?
• Miranda Rights: Were you properly informed of your Miranda rights (right to remain silent, right to an attorney) before being questioned?

Possible Outcomes

The ALR hearing can result in one of several outcomes:

• Suspension Upheld: The hearing officer rules in favor of the SCDMV and upholds the license suspension.
• Suspension Overturned: The hearing officer rules in your favor and overturns the license suspension, meaning you can continue driving.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license. This allows you to drive under specific circumstances, such as for work, school, or medical appointments.

Hardship/Restricted License in South Carolina

Even if your license is suspended, you might be eligible for a hardship or restricted license in South Carolina. This would allow you to drive for essential purposes. Specific requirements and limitations apply.

• Eligibility Requirements: [Research and insert specific eligibility requirements for a hardship license in South Carolina. This will likely include a waiting period after the suspension begins, proof of employment or enrollment in school, and possibly completion of DUI education programs.]
• What You Can Drive For: Hardship licenses typically restrict driving to specific purposes, such as travel to and from work, school, medical appointments, and court-ordered programs.
• Costs and Application Process: [Research and insert the costs associated with obtaining a hardship license in South Carolina, as well as the application process. This will likely involve submitting an application to the SCDMV and providing supporting documentation.]
• IID Requirement: [Research and insert whether an Ignition Interlock Device (IID) is required for a hardship license in South Carolina, particularly for repeat offenders or those with high BAC levels. If so, explain the IID program briefly.]

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: [Research and insert the specific requirements for reinstating a license after a DUI suspension in South Carolina. This will likely include completing the suspension period, paying reinstatement fees, and potentially completing DUI education programs or treatment.]
• Fees: There are fees associated with reinstating your license. [Research and insert the current reinstatement fees in South Carolina.]
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period after your license is reinstated.
• Classes/Programs That Must Be Completed: You may be required to complete DUI education programs, alcohol and drug counseling, or other court-ordered programs before your license can be reinstated.

Georgetown County DMV Offices

[Research and insert the addresses, phone numbers, and hours of operation for the Georgetown County DMV offices.] Example:

• Georgetown SCDMV Branch: (Address), (Phone Number), Hours: (Hours)

Special Programs

• Ignition Interlock Device Program: [Research and insert information about South Carolina's Ignition Interlock Device (IID) program, if applicable. Explain who is required to install an IID and how the program works.]
• Occupational License: [Research and insert information about South Carolina's occupational license program, if applicable. Explain the eligibility requirements and how to apply.]
• Any State-Specific Programs: [Research and insert information about any other state-specific programs that may be helpful for individuals with DUI convictions in South Carolina.]

This guide provides general information and is not a substitute for legal advice. If you have been arrested for DUI in Georgetown County, South Carolina, it is highly recommended that you consult with an experienced DUI attorney as soon as possible to protect your rights and understand your options.