Greenville County License Hearing Guide

Greenville County DUI License Suspension & ALR Hearing: What You Need to Know NOW

A DUI arrest in Greenville County, South Carolina, can trigger two separate legal processes: a criminal case in the Greenville County court system and an administrative action by the South Carolina Department of Motor Vehicles (SCDMV) regarding your driver's license. This guide focuses on the administrative process, specifically the potential suspension of your driver's license and the opportunity to challenge that suspension at an Administrative License Revocation (ALR) hearing. Time is of the essence, so act quickly!

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

Following a DUI arrest in Greenville County, you have a very limited window to protect your driving privileges. You must request an ALR hearing within 15 days of your arrest. This is a hard 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 the hearing through one of the following methods:

• Online: Check the SCDMV website ([search "SCDMV ALR Hearing Request"] - as an AI I cannot provide a direct link, but search the SCDMV website). This is often the fastest and most efficient way.
• By Mail: Send a written request to the address provided on your temporary driving permit or the notice of suspension you received from the arresting officer. Include your full name, date of birth, driver's license number, date of arrest, and a clear statement that you are requesting an ALR hearing. Send it certified mail, return receipt requested, to ensure proof of delivery.
• By Phone: Contact the SCDMV directly to inquire about requesting a hearing by phone. Be prepared to provide all the necessary information.

What Happens If You Miss the Deadline?

If you fail to request an ALR hearing within 15 days, your South Carolina driver's license will be automatically suspended. You will lose your driving privileges, and you will have to wait until the suspension period is over to apply for reinstatement. Don't let this happen!

Automatic License Suspension

Even if you request an ALR hearing, your license will likely be suspended pending the outcome of that hearing. The reasons for suspension depend on whether you took a breath/blood test and the results.

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. The length of the suspension depends on whether this is your first offense and other factors. Consult with a DUI attorney to determine the specific suspension period in your case.

• Temporary Permit: The arresting officer should have provided you with a temporary driving permit. This permit is typically valid until your ALR hearing or until the suspension officially begins, whichever comes first.

If You Refused Testing

Refusing to submit to a breath, blood, or urine test carries significant penalties in South Carolina due to Implied Consent laws.

• Refusal Penalty: Refusing the test results in a much longer license suspension than failing the test. The exact length of the suspension can vary, but it's generally much harsher than failing the test.

• Implied Consent Law in South Carolina: By driving on South Carolina roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal is a violation of this implied consent.

The ALR/Administrative Hearing

The 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: The ALR hearing is an administrative proceeding conducted by the SCDMV, completely separate from the criminal DUI case in Greenville County court. 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 has sufficient evidence to suspend your driver's license based on your DUI arrest.
• Lower Burden of Proof Than Criminal Trial: The SCDMV has a lower burden of proof at the ALR hearing than the prosecution has in a criminal trial. This means it's easier for the SCDMV to suspend your license than it is for the prosecution to convict you of DUI.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as:
• Witness statements (if anyone saw you before or after the arrest)
• Video footage (dashcam, security camera, etc.)
• Medical records (if you have a condition that could affect your BAC reading)
• Consider Hiring a DUI Attorney: A skilled Greenville County DUI attorney can:
• Represent you at the ALR hearing
• Investigate your case
• Gather evidence
• Cross-examine witnesses
• Argue on your behalf
• Navigate the complex legal procedures
• Understand What You Can Challenge: You can challenge various aspects of the arrest and testing process, including:
• Whether the officer had probable cause to stop you
• Whether the officer properly administered the field sobriety tests
• Whether the breath/blood test was properly administered and calibrated
• Whether you were properly informed of your rights

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: The SCDMV finds sufficient evidence to suspend your license.
• Suspension Overturned: The SCDMV does not find sufficient evidence to suspend your license, and your license is reinstated.
• Restricted/Hardship License Granted: The SCDMV may grant you a restricted license, allowing you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in South Carolina

Even if your license is suspended, you may be eligible for a hardship or restricted license, also known as a route restricted license.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your case and the length of your suspension. Factors considered include your driving record, the reason for the suspension, and your need to drive.
• What You Can Drive For: A restricted license typically allows you to drive only for essential purposes, such as:
• Work
• School
• Medical appointments
• Court-ordered obligations
• Costs and Application Process: Applying for a restricted license involves paying a fee and submitting an application to the SCDMV. The application process may also require you to provide documentation to support your need to drive.
• 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 suspension period is over and the criminal case is resolved, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the specific circumstances of your case, including the length of your suspension and any court-ordered requirements. Generally, you will need to:
• Pay a reinstatement fee
• Provide proof of SR-22 insurance (high-risk auto insurance)
• Complete any required DUI classes or programs
• Fees: There are fees associated with reinstating your license. Contact the SCDMV for the current fee schedule.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that you must obtain from your insurance company and file with the SCDMV. It proves that you have the required insurance coverage.
• Classes/Programs That Must Be Completed: The court or the SCDMV may require you to complete DUI classes, alcohol education programs, or substance abuse treatment as a condition of reinstatement.

Greenville County DMV Offices

Here are some locations where you can get assistance with your license reinstatement:

• SCDMV Greenville Branch: ** - [Phone Number - Placeholder - Add phone number from SCDMV website] - [Hours - Placeholder - Add hours from SCDMV website]
• SCDMV Simpsonville Branch: ** - [Phone Number - Placeholder - Add phone number from SCDMV website] - [Hours - Placeholder - Add hours from SCDMV website]
• Please check the SCDMV website (scdmvonline.com) for the most up-to-date information on locations and hours.

Special Programs

• Ignition Interlock Device Program: South Carolina has an IID program for DUI offenders. An IID is a device that is installed in your vehicle and requires you to blow into it before you can start the engine. The device measures your BAC, and if it detects alcohol, the vehicle will not start.
• Occupational License: (This may be the same as a hardship license, depending on SC law - research and clarify)
• Further research is needed to determine all state-specific programs available in South Carolina.

Disclaimer: This information is for general guidance only and should not be considered legal advice. It is essential to consult with a qualified Greenville County DUI attorney to discuss your specific situation and understand your legal rights and options. The laws and procedures related to DUI and license suspension are complex and can change. Act quickly to protect your driving privileges.