Georgetown County License Hearing Guide

Georgetown County DUI License Suspension & ALR Hearing

A DUI arrest in Georgetown County, South Carolina, triggers two separate but intertwined legal processes: a criminal case in court and an administrative action against your driver's license. This guide focuses on the administrative side, specifically the potential suspension of your license and the steps you can take to challenge it through an Administrative License Revocation (ALR) hearing. Understanding these procedures and deadlines is crucial to preserving your driving privileges.

CRITICAL DEADLINE: Request a Hearing Within 30 Days

Following a DUI arrest in Georgetown County, you face an impending deadline to protect your driving privileges. To formally challenge the potential suspension of your license, you must request an administrative hearing with the South Carolina Department of Motor Vehicles (SCDMV) within 30 days of your arrest.

To initiate this request, you must remit a $200 cashier's check to the Office of Motor Vehicle Hearings in Columbia. Missing this deadline results in the automatic suspension of your driver's license.

Automatic License Suspension

Your driver's license faces automatic suspension based on the circumstances of your arrest. The penalties differ depending on whether you submitted to chemical testing (breath or blood) and the results, or if you refused testing altogether.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and the result was a Blood Alcohol Concentration (BAC) of 0.08% or higher, your license will be suspended. The length of the suspension depends on several factors, including prior DUI convictions. You may be eligible for a temporary driving permit until your administrative hearing or the start of your suspension.

If You Refused Testing

Refusing to submit to a breath, blood, or urine test carries a harsher penalty under South Carolina's implied consent law. Implied consent means that by driving on South Carolina roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing will result in a longer license suspension than failing the test.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a separate proceeding from your criminal DUI case. It is conducted by the South Carolina Office of Motor Vehicle Hearings (SCDMV). The sole purpose of this hearing is to determine whether the SCDMV is justified in suspending your driver's license.

What It Is

The ALR hearing is an administrative process, not a criminal trial. This means:

• It is separate from criminal court: The outcome of your ALR hearing does not determine your guilt or innocence in the criminal DUI case.
• The burden of proof is lower: The SCDMV only needs to show by a preponderance of the evidence (more likely than not) that the suspension is warranted, a lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

Proper preparation is key to a successful ALR hearing. Consider these steps:

• Gather evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or photos from the scene.
• Consult with a DUI attorney: A DUI attorney can help you understand the law, gather evidence, and represent you at the ALR hearing. Attorneys in Georgetown County possess deep institutional knowledge of the Georgetown Magistrate Courts.
• Understand what you can challenge: Common challenges include the legality of the initial stop, the administration of the breath/blood test, and the validity of the testing equipment.

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension upheld: The SCDMV finds sufficient evidence to justify the license suspension.
• Suspension overturned: The SCDMV does not find sufficient evidence, and your license is reinstated.
• Restricted/hardship license granted: The SCDMV may allow you to drive with restrictions (e.g., for work, school, or medical purposes) even while your license is suspended.

Hardship/Restricted License in South Carolina

Even if your license is suspended after the ALR hearing, you may be eligible for a restricted or hardship license.

• Eligibility requirements: Generally, you must demonstrate that you need to drive for essential purposes, such as getting to work, school, or medical appointments.
• What you can drive for: A restricted license typically limits when and where you can drive.
• Costs and application process: The SCDMV charges fees for applying for and obtaining a restricted license. Contact the SCDMV for specific costs and application procedures.
• IID requirement: Depending on the circumstances of your DUI, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

After your criminal case concludes and your suspension period is over, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement requirements: Reinstatement requirements typically include paying reinstatement fees to the SCDMV, completing any required DUI classes or programs (such as ADSAP - Alcohol and Drug Safety Action Program), and providing proof of SR-22 insurance. The Georgetown County Alcohol and Drug Abuse Commission (GCADAC), located at 1423 Winyah Street, Georgetown, SC 29440, is the nearest approved DUI school.
• Fees: The SCDMV charges reinstatement fees, which vary depending on the reason for the suspension and the number of prior offenses.
• SR-22 insurance requirement: SR-22 is a certificate of financial responsibility required by the SCDMV for high-risk drivers, including those convicted of DUI. It is filed directly by your insurance company with the SCDMV.
• Classes/programs that must be completed: South Carolina law mandates that any individual whose driver's license is suspended due to an implied consent violation, a DUI conviction, or a Zero Tolerance charge must successfully graduate from the Alcohol and Drug Safety Action Program (ADSAP) before the SCDMV will consider reinstating their driving privileges. Enrollment requires a 10-year SC driving record, a photo ID, a Social Security card, and an initial $100 intake deposit.

Georgetown County SCDMV Offices

• Georgetown SCDMV Branch: 214 Ridge Street, Georgetown, SC 29440. Phone: 843-527-8730.

Special Programs

• Ignition Interlock Device (IID) Program: South Carolina mandates the installation of Ignition Interlock Devices (IID) for multiple offenders and those registering a high BAC.

Frequently Asked Questions

Q: How long will my license be suspended if I refuse the breathalyzer in Georgetown County? A: Refusing a breathalyzer test in South Carolina results in a longer suspension period compared to failing the test. The exact length depends on your driving history, but it is typically a minimum of six months for a first offense.

Q: Can I get a temporary license after a DUI arrest in Georgetown County? A: You may be eligible for a temporary driving permit after a DUI arrest, which allows you to drive until your ALR hearing or the start of your suspension.

Q: Where do I attend ADSAP in Georgetown County? A: The Georgetown County Alcohol and Drug Abuse Commission (GCADAC), located at 1423 Winyah Street, Georgetown, SC 29440, is the nearest approved DUI school.