Greenwood County License Hearing Guide

Greenwood County DUI License Suspension & ALR Hearing

**(dui.guide)*A DUI arrest in Greenwood County, South Carolina can be a frightening experience. Beyond the criminal charges, you're also facing the potential loss of your driving privileges. This guide provides immediate, practical information about license suspension and the Administrative License Revocation (ALR) hearing process, crucial steps in protecting your ability to drive. It’s important to understand that the administrative process concerning your license is separate from the criminal proceedings related to your DUI charge. This means your license can be suspended even if you haven’t been convicted of a DUI in criminal court. This guide focuses specifically on the administrative side.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Greenwood County, you have an extremely limited time to act to protect your driver's license. You must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This is non-negotiable. Missing this deadline results in an automatic suspension of your license.

Where to Request: The hearing is requested through the South Carolina Department of Motor Vehicles (SCDMV).

How to Request: Online: The SCDMV likely has an online portal for requesting ALR hearings. Visit the SCDMV website (https://www.scdmvonline.com/) and search for "ALR Hearing Request" or "DUI Hearing Request." Look for a form or online submission process.

• Phone: You can contact the SCDMV directly by phone. The general SCDMV customer service number is (864) 227-6434 for the Greenwood location. Inquire about requesting an ALR hearing over the phone. Be prepared to provide information such as your name, driver's license number, and date of arrest.
• Mail: Send a written request to the designated SCDMV address for ALR hearing requests. This is the least recommended option due to processing times. If you choose this option, send it via certified mail with return receipt requested, so you have proof of timely submission. The address should be listed on the SCDMV website. Your request should clearly state that you are requesting an ALR hearing related to your DUI arrest in Greenwood County on [Date of Arrest]. Include your full name, driver's license number, date of birth, and contact information.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended. There are very few exceptions to this rule, so act quickly. Contacting a DUI attorney immediately after your arrest can ensure this deadline is met.

Automatic License Suspension

Following a DUI arrest, the South Carolina DMV will likely impose an administrative license suspension. The length of the suspension depends on whether you submitted to a breath or blood test and the results of that test (if you took one), 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 concentration (BAC) was 0.08% or higher, your license will be suspended. The suspension period for a first offense is generally a minimum of six months in South Carolina. However, this can vary. The exact length will be specified in the paperwork you received at the time of your arrest.
• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you may have been issued a temporary driving permit. This permit allows you to drive until your ALR hearing or until the suspension officially begins. The expiration date of the temporary permit will be clearly stated on the document.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a much harsher penalty than failing the test in South Carolina. The license suspension for refusing a test is generally longer than a suspension for failing the test.
• Implied Consent Law in South Carolina: South Carolina, like all states, has an implied consent law. This law states that by driving on South Carolina roads, you have implicitly consented to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusal to submit to testing can result in a longer license suspension than a failed test.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a critical opportunity to challenge your license suspension before it takes effect.

What It Is

• Separate from Criminal Court: It’s crucial to understand that the ALR hearing is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal court.
• Decide If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the DMV had sufficient grounds to suspend your license based on your DUI arrest.
• Lower Burden of Proof Than Criminal Trial: The standard of proof at an ALR hearing is lower than in a criminal trial. The DMV only needs to show that it is more likely than not (a preponderance of the evidence) that you were driving under the influence.

How to Prepare

• Gather Evidence: Gather any evidence that supports your case. This might include witness statements, video footage (if available), documentation challenging the accuracy of the breathalyzer test, or evidence suggesting you were not impaired.
• Consider Hiring a DUI Attorney: Navigating the ALR hearing process can be complex. A Greenwood County DUI attorney can represent you at the hearing, present evidence on your behalf, and cross-examine witnesses. An attorney can significantly increase your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge various aspects of the DMV's case, including:
• Whether the officer had probable cause to stop you.
• Whether you were lawfully arrested.
• Whether you were properly advised of your Miranda rights and implied consent rights.
• Whether the breathalyzer test was administered correctly and the results are accurate.
• Whether you actually refused the test.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DMV presented sufficient evidence to justify the suspension, your license will be suspended for the applicable period.
• Suspension Overturned: If the hearing officer finds that the DMV did not meet its burden of proof, the suspension will be overturned, and your driving privileges 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 circumstances (e.g., to and from work, school, or medical appointments).

Hardship/Restricted License in South Carolina

South Carolina may offer a route to regaining some driving privileges via a restricted or hardship license, even during a suspension. The details vary based on the specific circumstances of your DUI and your driving record.

• Eligibility Requirements: Generally, to be eligible for a restricted license, you must meet certain criteria, such as completing a portion of your suspension period, enrolling in or completing ADSAP (Alcohol and Drug Safety Action Program), and demonstrating a need to drive for essential purposes.
• What You Can Drive For: Typically, a restricted license allows you to drive only to and from work, school, medical appointments, and ADSAP classes.
• Costs and Application Process: The application process involves submitting an application to the SCDMV and paying a reinstatement fee. You may also need to provide proof of enrollment in ADSAP and documentation supporting your need to drive.
• IID Requirement: Depending on the circumstances of your DUI and your BAC level, 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 Criminal Case Concludes

Even if you win your ALR hearing, you may still face a license suspension as part of your criminal case sentencing.

• Reinstatement Requirements: To fully reinstate your license after the criminal case concludes and any suspension period has ended, you will need to meet specific requirements set by the SCDMV.
• Fees: You will likely need to pay a reinstatement fee to the SCDMV.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, demonstrating that you have adequate liability insurance coverage.
• Classes/Programs That Must Be Completed: You will likely be required to complete the ADSAP program.

Greenwood County DMV Offices

• South Carolina Department of Motor Vehicles - Greenwood
• Address: 510 W Alexander Ext, Greenwood, SC 29646
• Phone: (864) 227-6434
• Hours: Monday: 8:30 AM to 5 PM; Tuesday: 8:30 AM to 5 PM; Wednesday: 9:30 AM to 5 PM; Thursday: 8:30 AM to 5 PM; Friday: 8:30 AM to 5 PM; Saturday: Closed; Sunday: Closed

Special Programs

• Ignition Interlock Device Program: An Ignition Interlock Device (IID) is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected. South Carolina law may require you to install an IID as a condition of reinstating your license after a DUI conviction, particularly if your BAC was high or if you have prior DUI convictions.
• Alcohol and Drug Safety Action Program (ADSAP): ADSAP is a state-mandated program that provides education and treatment services to individuals convicted of DUI. Completion of ADSAP is typically required to reinstate your license.

Frequently Asked Questions

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

**Q: Can I get a temporary permit to drive to work while my license is suspended in Greenwood County?*A: It may be possible to obtain a temporary or restricted license to drive to work, school, or medical appointments while your license is suspended. However, eligibility requirements apply, and you must apply to the SCDMV.

**Q: Where do I complete the ADSAP program in Greenwood County?*A: The SCDMV can provide you with a list of approved ADSAP providers in Greenwood County.