Laurens County License Hearing Guide

Laurens County DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

If you've just been arrested for Driving Under the Influence (DUI) in Laurens County, South Carolina, you're likely feeling overwhelmed and uncertain about the future. One of your immediate concerns should be your driver's license. It's crucial to understand that your license is at risk, and you need to act fast to protect it.

This guide provides immediate, practical information about your license suspension and the Administrative License Revocation (ALR) hearing process in Laurens County, South Carolina. It's important to understand that the ALR process is completely separate from your criminal DUI case. Your license can be suspended administratively even if you are ultimately found not guilty in criminal court.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

Time is of the essence. In South Carolina, you have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This hearing gives you the opportunity to challenge the suspension of your driver's license.

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

How to Request: You can request the hearing by:

• Online: The SCDMV may offer an online portal for requesting ALR hearings. Check their website (www.scdmvonline.com) for the most up-to-date information.
• Mail: You can send a written request to the SCDMV's designated ALR hearing department. Contact the SCDMV or consult with a DUI attorney to obtain the correct address for your request. Your written request should include your full name, address, date of birth, driver's license number, and a clear statement that you are requesting an ALR hearing regarding your DUI arrest.
• Phone: While not always the preferred method, you may be able to initiate the request via phone. Contact the SCDMV directly to inquire about this option. Ensure you document the date, time, and name of the person you spoke with.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended. This suspension will take effect as scheduled, and you will lose your opportunity to challenge it administratively. Do not miss this deadline! It is crucial to act immediately.

Automatic License Suspension

After a DUI arrest in Laurens County, your license is subject to immediate suspension under certain circumstances. The length and terms of the suspension depend on whether you took a breath or blood test and, if so, the results, 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, the SCDMV will suspend your license. The suspension period for a first offense with a BAC over 0.08 is typically six months.

• Temporary Permit: You should have been issued a temporary driving permit at the time of your arrest. This permit is usually valid for 30 days, or until your ALR hearing is held and a decision is made, or until the suspension takes effect if you don't request a hearing.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a significantly harsher penalty than failing the test. In South Carolina, refusing a breathalyzer or blood test will result in an automatic license suspension of six months for a first offense.

• Implied Consent Law in South Carolina: South Carolina, like most 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 if lawfully arrested for DUI. Refusal to submit to testing can result in the immediate suspension of your license, regardless of your BAC.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the administrative suspension of your driver's license. It is separate from your criminal DUI case.

What It Is

• Separate from Criminal Court: The outcome of the ALR hearing does not directly impact your criminal DUI case, and vice versa. You can lose your license administratively even if you are later acquitted of the DUI charges in criminal court.
• Decides if License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the SCDMV had sufficient legal grounds to suspend your license.
• Lower Burden of Proof Than Criminal Trial: The standard of proof at an ALR hearing is lower than in a criminal trial. The SCDMV only needs to show by a "preponderance of the evidence" (more likely than not) that the suspension is justified, whereas in a criminal trial, 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 footage, receipts, or any other documentation that could challenge the basis for the suspension.
• Consider Hiring a DUI Attorney: A DUI attorney who is familiar with Laurens County courts and South Carolina DUI law can be invaluable in preparing for and representing you at the ALR hearing. They can help you gather evidence, prepare legal arguments, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge various aspects of the suspension, including:
• Whether the officer had probable cause to stop you.
• Whether the officer had reasonable suspicion to request a breath or blood test.
• Whether you were properly informed of your rights and the consequences of refusing the test.
• Whether the breath or blood test was administered correctly.
• Whether the testing equipment was properly calibrated and maintained.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the SCDMV had sufficient grounds to suspend your license, the suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the SCDMV did not have sufficient grounds to suspend your license, the suspension will be overturned, and your license 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 for specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in South Carolina

Even if your license is suspended, you may be eligible for a restricted or hardship license in South Carolina, allowing you to drive under specific conditions.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your case. Generally, you may be eligible if you need to drive to and from work, school, medical appointments, or other essential activities. You typically have to wait a certain period of time into your suspension before applying.
• What You Can Drive For: A hardship license will typically restrict you to driving only for essential purposes, such as work, school, medical appointments, court-ordered programs, and childcare.
• Costs and Application Process: The application process for a hardship license involves submitting an application to the SCDMV and paying a fee. You may also need to provide documentation to support your need for a restricted license.
• IID Requirement: In some cases, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a hardship license. An IID requires you to blow into a breathalyzer before starting your vehicle, preventing you from driving under the influence.

Getting Your License Back

Even after the ALR hearing and after your criminal case concludes, you will have to take steps to get your license fully reinstated.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license after a DUI suspension, you will typically need to:

• Complete any court-ordered DUI programs or classes.

• Pay any required reinstatement fees to the SCDMV.

• Provide proof of SR-22 insurance (high-risk auto insurance).

• Fees: Reinstatement fees vary but can range from $100 - $500 or more. Contact the SCDMV for the exact fee amount.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the SCDMV for drivers who have been convicted of certain traffic offenses, including DUI. You will need to maintain SR-22 insurance for a specified period, typically three years.

• Classes/Programs That Must Be Completed: The court may order you to complete DUI education classes, substance abuse treatment, or other programs as part of your sentence. Completing these programs is often a requirement for license reinstatement.

Laurens County DMV Offices

Unfortunately, Laurens County does not have its own SCDMV office. You will have to travel to a neighboring county for in-person services. Be sure to check their websites for hours and closures.

• Greenville DMV: (Address and hours)
• Spartanburg DMV: (Address and hours)
• Newberry DMV: (Address and hours)

(Please replace the placeholder information with the actual addresses and hours for each of these DMV offices. This information can be found on the SCDMV website.)

Special Programs

• Ignition Interlock Device Program: As mentioned, South Carolina has an IID program that may be required for hardship licenses or for full license reinstatement after a DUI conviction.
• Occupational License: An occupational license, similar to a hardship license, may allow you to drive for work-related purposes if your license is suspended.
• Alcohol and Drug Safety Action Program (ADSAP): This is a mandatory program in South Carolina for individuals convicted of DUI. Completion of ADSAP is required for license reinstatement.

This guide provides a general overview of the license suspension and ALR hearing process in Laurens County, South Carolina. DUI laws are complex and can vary depending on the specific circumstances of your case. It is strongly recommended that you consult with a qualified South Carolina DUI attorney to discuss your legal options and protect your driving privileges. Don't delay – the 15-day deadline is rapidly approaching.