Hampton County License Hearing Guide

Hampton County DUI License Suspension & ALR Hearing: Don't Lose Your Driving Privileges!

A DUI arrest in Hampton County, South Carolina, can be a frightening and confusing experience. Besides the criminal charges you're facing, you also face the immediate threat of losing your driver's license. It's crucial to understand that there are two separate processes happening: the criminal case and the administrative process related to your license. This guide focuses on the administrative process – specifically, how to fight your license suspension following a DUI arrest in Hampton County. Your ability to drive is essential for work, family, and daily life, so understanding your rights and options is vital.

CRITICAL DEADLINE: Request Your ALR Hearing Within 15 Days!

This is the most important thing you need to know: You only have 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your chance to challenge the suspension of your driver's license. If you miss this deadline, your license will automatically be suspended. Don't delay!

Where to Request: The request needs to be submitted to the South Carolina Department of Motor Vehicles (SCDMV).

How to Request: You can request an ALR hearing through the following methods:

• Online: Check the SCDMV website (www.scdmvonline.com – always verify this URL as websites can change) for online hearing request options. Look for sections related to DUI or Administrative License Revocation.
• Phone: Contact the SCDMV's main customer service line. While you likely cannot submit the request over the phone, they can provide information on the correct department and procedure. Find the number on the SCDMV website.
• Mail: You can send a written request to the address specified by the SCDMV for ALR hearing requests. This address should be available on their website or by calling their customer service line. Important: Send it via certified mail with return receipt requested. This provides proof that the SCDMV received your request within the 15-day deadline. The request should include:
• Your full name
• Your date of birth
• Your driver's license number
• The date of your DUI arrest
• The arresting officer's name and agency
• A clear statement that you are requesting an ALR hearing to contest the suspension of your driver's license.

What Happens If You Miss the Deadline? If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. There are very few exceptions to this rule, so it's crucial to act quickly.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to an automatic suspension pending the outcome of the hearing. The reasons for this are:

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 likely be suspended for a period determined by South Carolina law. This suspension typically lasts for a period of at least six months for a first offense, but it can be longer depending on the circumstances. You will receive written notice of the suspension period.

• Temporary Permit: You may have been issued a temporary driving permit at the time of your arrest. This permit allows you to drive for a limited time, usually until your ALR hearing or until the automatic suspension goes into effect (whichever comes first). Pay close attention to the expiration date on the permit.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test when requested by a law enforcement officer carries a much harsher penalty than failing the test. In South Carolina, refusing testing will result in an automatic license suspension of at least six months, and it can be longer for subsequent refusals.

• Implied Consent Law in South Carolina: South Carolina, like most states, has 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. Refusal to submit to testing is a violation of this law and carries significant consequences, including the license suspension.

The ALR/Administrative Hearing

Understanding the ALR hearing process is essential for protecting your driving privileges.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding, completely separate from the criminal DUI case. Even if you are found not guilty in criminal court, your license can still be suspended administratively.

• Decides If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the police officer had probable cause to arrest you for DUI and whether you were lawfully requested to submit to chemical testing.

• 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 prove by a "preponderance of the evidence" (more likely than not) that the suspension is justified, whereas in criminal court, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include:

• Witness statements

• Dashcam or bodycam footage (if available)

• Medical records

• Photos or videos

• Any documentation that contradicts the police officer's account.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Hampton County can be invaluable. They can:

• Represent you at the ALR hearing

• Gather evidence on your behalf

• Cross-examine witnesses

• Argue legal points

• Negotiate with the SCDMV.

• Understand What You Can Challenge: You can challenge the following at the ALR hearing:

• Whether the officer had reasonable suspicion to stop you.

• Whether the officer had probable cause to arrest you for DUI.

• Whether you were properly advised of your rights regarding chemical testing (implied consent).

• Whether the chemical test results were accurate and reliable.

• Whether the officer followed proper procedures during the arrest and testing process.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the suspension is warranted, your license will be suspended for the applicable period.

• Suspension Overturned: If the hearing officer finds that the suspension is not warranted, your license will be reinstated.

• Restricted/Hardship License Granted: Even if your suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive under certain circumstances (e.g., to work, school, or medical appointments).

Hardship/Restricted License in South Carolina

A hardship license can be a lifeline after a DUI arrest.

• Eligibility Requirements: Eligibility for a restricted license in South Carolina typically depends on the length of the suspension, your driving record, and whether you have completed any required DUI programs. You usually have to wait a certain period (often 30 days) into your suspension before applying.

• What You Can Drive For: A restricted license typically allows you to drive to and from:

• Work

• School

• Medical appointments

• Alcohol and Drug Safety Action Program (ADSAP) classes.

• Costs and Application Process: The application process involves submitting an application to the SCDMV and paying a fee. You may also need to provide proof of enrollment in ADSAP.

• IID Requirement: In some cases, especially for repeat offenders or those with high BAC levels, the SCDMV may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to:

• Serve the full suspension period.

• Complete any required DUI programs (ADSAP).

• Pay a reinstatement fee to the SCDMV.

• File proof of SR-22 insurance.

• Fees: Reinstatement fees vary and are subject to change. Check the SCDMV website for the current fee schedule.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the SCDMV, proving that you have the minimum required liability coverage. You will likely be required to maintain SR-22 insurance for a period of three years following your license reinstatement.

• Classes/Programs That Must Be Completed: The Alcohol and Drug Safety Action Program (ADSAP) is a mandatory program for individuals convicted of DUI in South Carolina. The program involves education, counseling, and substance abuse treatment.

Hampton County DMV Offices

Unfortunately, specific information regarding DMV/DPS offices located directly within Hampton County is unavailable at this time. You will need to consult the SCDMV website (www.scdmvonline.com) or contact them directly to confirm the nearest location and operating hours. You may need to travel to a neighboring county.

Special Programs

• Ignition Interlock Device Program: As mentioned above, the IID program may be required for restricted licenses or as a condition of license reinstatement.

• Occupational License: South Carolina offers occupational licenses in certain situations. Consult with a South Carolina DUI attorney to determine if this is a viable option for your circumstances.

A DUI arrest in Hampton County is a serious matter. Don't wait! Protect your driving privileges by requesting an ALR hearing within 15 days and seeking legal counsel as soon as possible.