Kershaw County License Hearing Guide

Kershaw County DUI License Suspension & ALR Hearing

After a DUI arrest in Kershaw County, South Carolina, you face two separate legal battles: a criminal case in court and an administrative action against your driver's license by the South Carolina Department of Motor Vehicles (SCDMV). It’s crucial to understand that these are distinct processes. Winning your criminal case does not automatically reinstate your driving privileges. You must address the administrative license suspension (ALS) independently. This guide explains the ALS process and how to navigate it in Kershaw County.

CRITICAL DEADLINE: Request Hearing Within 30 Days

If your license was suspended due to a DUI arrest, you have a limited time to challenge it. You must request a Contested Case Hearing (also known as an Implied Consent Hearing) with the Office of Motor Vehicle Hearings (OMVH) within 30 calendar days of receiving your Notice of Suspension. Missing this deadline results in an automatic, unappealable suspension of your license.

To request a hearing:

1. File the request with the OMVH.
2. Pay a non-refundable $200.00 filing fee.

Missing this deadline will result in a permanent and unappealable suspension. If the 30th day falls on a weekend or state holiday, standard legal computation applies to the next business day, but don't delay.

Automatic License Suspension

Under South Carolina's implied consent laws, by driving on South Carolina roads, you agree to submit to chemical testing (breath, blood, or urine) if suspected of DUI. An immediate license suspension occurs if you either refuse testing or fail a test (BAC of 0.08% or higher).

If You Took the Breath/Blood Test and Failed

• BAC of 0.15% or higher: Your license will be suspended immediately.

If You Refused Testing

• Refusal Penalty: Refusing to submit to chemical testing results in a longer suspension period than failing the test. South Carolina's implied consent law dictates these penalties.

The ALR/Administrative Hearing

What It Is

The Administrative License Revocation (ALR) hearing is a civil proceeding, completely separate from your criminal DUI case in Kershaw County Magistrate Court. The OMVH hearing officer does not determine your criminal guilt or innocence. Instead, the hearing focuses solely on whether the SCDMV had legal grounds to suspend your license. The burden of proof is lower than in a criminal trial.

Specifically, the hearing officer will evaluate:

• Did the arresting officer have probable cause to stop you?
• Was your arrest lawful?
• Were you properly informed of your implied consent rights via video recording?
• Was the breath testing equipment (specifically the Datamaster DMT) properly administered and calibrated?

How to Prepare

Preparing for your ALR hearing is crucial. Consider these steps:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or photos of the scene.
• Consider Hiring a DUI Attorney: A DUI attorney familiar with Kershaw County procedures and South Carolina DUI law can provide invaluable assistance in preparing your case and representing you at the hearing.
• Understand What You Can Challenge: Focus on challenging the legality of the stop, the administration of the breath test, or whether you were properly informed of your rights.

Possible Outcomes

• Suspension Upheld: The hearing officer agrees with the SCDMV's decision, and your license suspension remains in effect.
• Suspension Overturned: The hearing officer finds that the SCDMV lacked sufficient grounds for the suspension, and your license is reinstated.
• Route Restricted License Granted: Even if the suspension is upheld, you may be eligible for a route-restricted license (see below).

Hardship/Restricted License in South Carolina

Even with a suspended license, you may be eligible for a Route Restricted License, allowing limited driving privileges.

• Eligibility Requirements: This is generally for first-time offenders. If you've previously had a route-restricted license, you may not be eligible.
• What You Can Drive For: Typically, driving is restricted to travel to and from work, school, or court-mandated treatment programs like ADSAP (Alcohol and Drug Safety Action Program).
• Costs and Application Process: After successfully filing for the contested case hearing, the defendant receives a formal receipt from the OMVH. This receipt must be physically taken to an SCDMV branch (such as the Camden branch on Ehrenclou Drive) to apply for a Temporary Alcohol Restricted License (TARL). Obtaining the TARL costs an additional $100 administrative fee.
• IID Requirement: Depending on the circumstances of your DUI (e.g., a BAC of 0.15% or higher), you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of the restricted license.

Getting Your License Back

After Criminal Case Concludes

Even if you resolve your criminal case favorably, you must still take steps to reinstate your license after the suspension period ends.

• Reinstatement Requirements: Satisfy all requirements of the court and the SCDMV.
• Fees: Pay all applicable reinstatement fees to the SCDMV.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance (a certificate of financial responsibility) for a period of three years following your conviction. Any lapse in coverage results in an immediate re-suspension of driving privileges.
• Classes/Programs that Must Be Completed: Complete any court-ordered or DMV-mandated alcohol education programs, such as ADSAP.

Kershaw County DMV Offices

Camden DMV 1056 Ehrenclou Drive, Camden, SC 29020 (803) 432-4340 Hours: M-Tu, Th-F: 8:30 AM - 5:00 PM; W: 9:30 AM - 5:00 PM; Closed Sat-Sun

Special Programs

• Ignition Interlock Device Program: For repeat offenders or those with a high BAC, the IID program allows restricted driving privileges with a breathalyzer installed in the vehicle.
• Alcohol and Drug Safety Action Program (ADSAP): A state-mandated program for DUI offenders that includes education and treatment components. Alpha Behavioral Health Center is a treatment provider in the area. Alpha Behavioral Health Center

Frequently Asked Questions

Q: Where are DUI checkpoints typically located in Kershaw County? A: Law enforcement agencies often place checkpoints on entrance and exit ramps of I-20, as well as on primary feeder routes like U.S. Highway 521 (Broad Street) and U.S. Highway 601.

Q: What is a TARL and how do I get one after requesting an ALR hearing in Kershaw County? A: A Temporary Alcohol Restricted License (TARL) allows you to legally drive while awaiting your ALR hearing outcome. To obtain one, you must take the receipt from the OMVH (proving you requested a hearing) to the Camden DMV office at 1056 Ehrenclou Drive and pay a $100 fee.

Q: What happens if I am caught driving on a suspended license in Kershaw County? A: Driving on a suspended license is a serious offense in South Carolina, and can result in additional fines, jail time, and an extension of your suspension period.