Greenwood County License Hearing Guide

A DUI arrest triggers two separate legal actions. The first is the criminal charge prosecuted in court. The second is an administrative action handled by the South Carolina Department of Motor Vehicles (SCDMV). This agency acts to suspend your driver's license immediately under the state's implied consent laws. This suspension occurs automatically regardless of the criminal court outcome. You can win your criminal case and still lose your license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have a strict 15-day window from the date of your arrest to contest the suspension. Missing this deadline results in the automatic suspension of your driving privileges. This is non-negotiable.

To contest the suspension, you must request an Administrative License Revocation (ALR) hearing. Submit the hearing request to the Office of Motor Vehicle Hearings (OMVH). This requires filling out the official implied consent hearing request form and paying a non-refundable $200 fee.

You can submit this request online through the SCDMV portal. Alternatively, mail the completed form and payment to the SCDMV Financial Responsibility office. If you do not request this hearing within 15 days, the suspension takes effect 30 days after your arrest date.

Automatic License Suspension

If You Took the Breath/Blood Test and Failed

Under South Carolina Code § 56-5-2951, a blood alcohol concentration (BAC) of 0.08% or higher results in an automatic suspension.

For a first offense, a BAC between 0.08% and 0.14% leads to a three-month suspension. A BAC of 0.15% or higher triggers a six-month suspension.

The arresting officer confiscates your physical license. They will issue a temporary driving permit. This permit is valid for 30 days.

If You Refused Testing

South Carolina Code § 56-5-2950 establishes the implied consent law. By driving on state roads, you agree to chemical testing if arrested for driving under the influence.

Refusing the breath, blood, or urine test carries severe administrative penalties. A first-offense refusal results in an automatic six-month license suspension. This suspension is longer than the penalty for failing the test with a low BAC. The officer will issue the same 30-day temporary permit.

The ALR/Administrative Hearing

What It Is

An administrative law judge conducts the hearing. This proceeding is entirely separate from criminal court. The judge only decides if the SCDMV had proper grounds to suspend your license.

The standard of proof is a preponderance of the evidence. This is a much lower threshold than the "beyond a reasonable doubt" standard used in criminal trials.

How to Prepare

You must obtain the police reports and the breath test machine logs. Review the specific actions of the arresting officer. South Carolina law requires officers to observe you for an uninterrupted 20-minute period before administering a breath test.

Possible Outcomes

• Suspension sustained: The judge rules against you. Your suspension remains active.
• Suspension rescinded: The judge rules in your favor. The SCDMV restores your regular driving privileges, though the criminal charge remains active.
• Hardship license transition: You may remain on a restricted license or interlock program.

Hardship/Restricted License in South Carolina

You may qualify for a Temporary Alcohol License (TAL) after requesting your ALR hearing. The TAL allows you to drive without route restrictions while you wait for the hearing date.

To obtain a TAL, you must pay a $100 fee to the SCDMV. You must also show proof of the hearing request.

If you do not qualify for a TAL, you may apply for a route-restricted license. This license limits driving strictly to work, school, and your drug and alcohol program. It costs $100.

Getting Your License Back

After Criminal Case Concludes

You cannot simply start driving when your suspension period ends. You must complete specific reinstatement steps.

Enroll in and complete the South Carolina Alcohol and Drug Safety Action Program (ADSAP). The cost of ADSAP varies based on your individual assessment. Pay a $100 reinstatement fee to the SCDMV. File an SR-22 financial responsibility certificate with the DMV. You must maintain this special high-risk insurance for three years.

Greenwood DMV Office

The local DMV office handles license reinstatements, TAL applications, and fee payments.

SCDMV Greenwood

• Address: 510 W Alexander Ext, Greenwood, SC 29646
• Phone: (864) 227-6434
• Hours: Monday, Tuesday, Thursday, Friday: 8:30 AM to 5:00 PM. Wednesday: 9:30 AM to 5:00 PM. Saturday and Sunday: Closed.

Special Programs

Ignition Interlock Device Program

Emma's Law (South Carolina Code § 56-5-2941) governs the state's ignition interlock requirements. First-time offenders with a BAC of 0.15% or higher must install an ignition interlock device.

The device requires you to blow into a breathalyzer before the vehicle engine will start. You must obtain an ignition interlock restricted license from the SCDMV to drive during this period.