Lancaster County License Hearing Guide

Lancaster County DUI License Suspension & ALR Hearing

(dui.guide - Your Guide to Navigating a DUI in Lancaster County, SC)

Being arrested for DUI in Lancaster County, South Carolina can be a frightening experience. Beyond the criminal charges, you face the immediate threat of losing your driving privileges. It's crucial to understand that the South Carolina Department of Motor Vehicles (SCDMV) has the power to suspend your license independently of the criminal court proceedings. This is known as administrative license suspension. This guide explains this process, highlights crucial deadlines, and provides actionable steps to protect your driving privileges.

Your License After a DUI Arrest in Lancaster County

When you're arrested for DUI in Lancaster County, you're essentially facing two separate legal battles:

• Criminal Case: This involves the DUI charges brought by the state of South Carolina against you. This case will be handled in the Lancaster County court system.

• Administrative Case: This deals specifically with your driver's license and is handled by the South Carolina Department of Motor Vehicles (SCDMV). This is a completely separate process, and even if you are found not guilty in criminal court, your license can still be suspended administratively.

Understanding this distinction is vital. This guide focuses on the administrative process and how to navigate the ALR (Administrative License Revocation) hearing.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the single most important piece of information you need to know: You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing to challenge your license suspension. If you fail to request a hearing within this timeframe, your license will automatically be suspended.

Where to Request: You must request the hearing through the South Carolina Department of Motor Vehicles (SCDMV).

How to Request: The SCDMV offers a few methods for requesting an ALR hearing:

• Online: Check the SCDMV website (scdmvonline.com) for online hearing request options. Look for sections related to DUI or license suspension hearings.
• Phone: Contact the SCDMV's dedicated DUI/ALR hearing department. You can find the relevant phone number on their website or by calling their general information line. Be prepared to provide your name, driver's license number, and date of arrest.
• Mail: You can send a written request for a hearing via certified mail to the SCDMV headquarters. Include your full name, driver's license number, date of birth, date of arrest, arresting officer's name, and a clear statement requesting an ALR hearing to contest your license suspension. Important: Use certified mail with return receipt requested to have proof that the SCDMV received your request within the 15-day deadline.

What Happens If You Miss the Deadline: If you miss the 15-day deadline, your South Carolina driver's license will be automatically suspended. There are very few exceptions to this rule, so act quickly.

Automatic License Suspension

The SCDMV will automatically suspend your license based on the circumstances of your DUI arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your blood alcohol content (BAC) was 0.08% or higher, your license will be suspended.

• BAC over 0.08: In South Carolina, a BAC of 0.08% or higher results in a license suspension. The length of the suspension varies, but you can expect at least a 6-month suspension for a first offense.
• Temporary Permit: After your arrest, you should have been issued a temporary permit. This permit allows you to drive for a limited time, typically until your ALR hearing or until the suspension officially begins. Pay close attention to the expiration date on this permit.

If You Refused Testing

Refusing to take a breath, blood, or urine test when requested by law enforcement carries a significantly harsher penalty than failing the test.

• Refusal Penalty: In South Carolina, refusing to submit to chemical testing results in a longer license suspension than failing the test. Expect a suspension period of at least six months, and potentially longer for subsequent refusals.
• Implied Consent Law in South Carolina: South Carolina, like all states, has an implied consent law. This means that by driving on South Carolina roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to do so results in administrative penalties, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

Understanding the ALR hearing process is key to potentially saving your license.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding conducted by the SCDMV. It is entirely separate from your criminal DUI case in Lancaster County court.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether the SCDMV has sufficient evidence to suspend your license based on your DUI arrest.
• 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 show "preponderance of the evidence" (more likely than not) that the suspension is justified, whereas a criminal court requires "proof beyond a reasonable doubt" for a conviction.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements who can attest to your sobriety or driving behavior.
• Dashcam footage or surveillance video that contradicts the police report.
• Medical records that explain any medical conditions that might have affected the breathalyzer results.
• Consider Hiring a DUI Attorney: A qualified South Carolina DUI attorney can be invaluable in navigating the ALR hearing process. They can help you gather evidence, prepare your case, and represent you at the hearing. They understand the specific procedures and legal arguments relevant to ALR hearings.
• Understand What You Can Challenge: At the ALR hearing, you can challenge various aspects of the state's case, including:
• Whether the officer had probable cause to stop you.
• Whether the breathalyzer machine was properly calibrated and maintained.
• Whether the officer followed proper procedures during the arrest and testing process.
• Whether you were properly informed of your implied consent rights.

Possible Outcomes

The ALR hearing can result in one of three outcomes:

• Suspension Upheld: The SCDMV finds sufficient evidence to support the license suspension.
• Suspension Overturned: The SCDMV determines that the evidence is insufficient, and your license is 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 limited circumstances (e.g., to work, school, or medical appointments).

Hardship/Restricted License in South Carolina

Even with a suspended license, you may be eligible for a restricted or hardship license in South Carolina.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your case (e.g., first offense vs. subsequent offense, whether you refused testing). Generally, you must demonstrate a genuine need to drive (e.g., to maintain employment, attend school, or receive medical treatment).
• What You Can Drive For: A restricted license typically limits you to driving to and from work, school, medical appointments, and other essential activities.
• Costs and Application Process: Applying for a restricted license involves submitting an application to the SCDMV and paying a fee. You may also need to provide documentation to support your need for driving privileges.
• IID Requirement: In some cases, obtaining a restricted license may require the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

Regardless of whether you successfully challenge your suspension at the ALR hearing or not, understanding the reinstatement process is essential.

After Criminal Case Concludes

Your license reinstatement often depends on the outcome of your criminal case.

• Reinstatement Requirements: Reinstatement typically involves paying a reinstatement fee to the SCDMV and providing proof of insurance.
• Fees: Reinstatement fees vary depending on the length of the suspension and the reason for the suspension. Check the SCDMV website for current fee schedules.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility filed with the SCDMV by your insurance company.
• Classes/Programs that Must Be Completed: You may be required to complete a DUI education program or substance abuse treatment program as a condition of reinstatement.

Lancaster County DMV Offices

While specific hours can change, here are some resources for finding the nearest SCDMV office:

• SCDMV Website: The official SCDMV website (scdmvonline.com) has a "Office Locator" tool where you can search for offices by zip code or city.

• Google Maps: Search "Lancaster SC DMV" in Google Maps to find nearby locations and their hours.

Special Programs

• Ignition Interlock Device Program: South Carolina has an IID program that allows individuals with suspended licenses to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: If you are not eligible for a full restricted license, you may be able to obtain an occupational license, which allows you to drive only for work-related purposes.
• State-Specific Programs: Check with your DUI attorney or the SCDMV for information on any other state-specific programs that may be available to you.

Disclaimer: This guide provides general information and should not be considered legal advice. Consult with a qualified South Carolina DUI attorney for advice tailored to your specific situation. The information provided is based on current understanding of South Carolina DUI laws and is subject to change. Always verify information with the official sources.