Lee County License Hearing Guide

Lee County DUI License Suspension & ALR Hearing: A Critical Guide

If you've just been arrested for DUI in Lee County, South Carolina, you're likely feeling overwhelmed and uncertain. It's crucial to understand that your legal battle is unfolding on two fronts: a criminal case in court and an administrative process with the South Carolina Department of Motor Vehicles (SCDMV). This guide focuses on the administrative side, specifically your driver's license and the potential for suspension. Time is of the essence, as you have a very short window to protect your driving privileges. This is not legal advice, and you should consult with a qualified attorney.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

After a DUI arrest in South Carolina, your driver's license is at immediate risk of suspension. To challenge this, you must request an Administrative License Revocation (ALR) hearing. You only have 15 days from the date of your arrest to do so! Missing this deadline means your license will automatically be suspended.

Where to Request: South Carolina Department of Motor Vehicles (SCDMV).

How to Request:

• Online: Visit the SCDMV website (www.scdmvonline.com). Look for the section on DUI and Administrative Hearings. You'll likely need your driver's license number and the arrest information.
• Phone: Contact the SCDMV at their main customer service line. You can find the number on their website. Be prepared to provide information about your arrest.
• Mail: Send a written request for an ALR hearing to the SCDMV headquarters. Include your full name, driver's license number, date of birth, date of arrest, arresting agency, and a clear statement that you are requesting an ALR hearing to contest the suspension of your driver's license. Certified mail with return receipt requested is highly recommended to prove timely submission.

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's very little you can do to reverse this once the deadline has passed, making it absolutely crucial to act quickly.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to automatic suspension pending the outcome of the hearing. The grounds for this automatic suspension depend on whether you took a breath/blood test and the results.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your Blood Alcohol Content (BAC) was 0.08 or higher, your license will likely be suspended for six months following the ALR hearing if the suspension is upheld.
• Temporary Permit: You should have received a temporary driving permit at the time of your arrest. This permit is typically valid until your ALR hearing or until the suspension officially begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a much harsher penalty than failing the test in South Carolina. If you refused testing, your license will likely be suspended for at least one year, 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 submit to testing can result in severe penalties, regardless of whether you are ultimately convicted of DUI.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a separate and distinct process from your criminal DUI case. It's conducted by the SCDMV and focuses solely on whether your driver's license should be suspended.

What It Is

• Separate from Criminal Court: The outcome of the ALR hearing does not determine your guilt or innocence in the criminal DUI case. You can lose your license at the ALR hearing even if you are later found not guilty in court. Conversely, you can be convicted of DUI in court but win your ALR hearing and keep your license (though this is rare).
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine if the police had legal grounds to arrest you for DUI and whether you were driving under the influence.
• Lower Burden of Proof than Criminal Trial: The SCDMV only needs to prove its case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements (if anyone saw you before or after the arrest)
• Video footage (from dashcams or surveillance cameras)
• Medical records (if you have a medical condition that could affect your BAC)
• Photos of the scene
• Consider Hiring a DUI Attorney: A DUI attorney experienced in South Carolina ALR hearings can significantly increase your chances of success. They can help you gather evidence, prepare your case, and represent you at the hearing.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the police had reasonable suspicion to stop you
• Whether the field sobriety tests were administered properly
• Whether the breath/blood test was accurate
• Whether you were properly informed of your rights (including implied consent)

Possible Outcomes

• Suspension Upheld: If the SCDMV finds that the police had sufficient grounds to arrest you for DUI and that you were driving under the influence, your license suspension will be upheld.
• Suspension Overturned: If the SCDMV finds that the police did not have sufficient grounds or that there were procedural errors in the arrest, your license suspension will be overturned, and you will retain your driving privileges.
• 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 certain conditions.

Hardship/Restricted License in South Carolina

Even if your license is suspended, you might be able to obtain a restricted license, also known as a hardship license, in South Carolina. This allows you to drive for essential purposes, such as work, school, or medical appointments. The availability and specific requirements for a restricted license can change, so consult with the SCDMV or an attorney for the most up-to-date information.

• Eligibility Requirements: Typically, you must meet specific criteria, such as having no prior DUI convictions within a certain timeframe and demonstrating a genuine need to drive. You often must wait a certain period into your suspension before applying.
• What You Can Drive For: Restricted licenses typically specify the purposes for which you can drive, such as commuting to and from work, attending school, medical appointments, or court-ordered programs.
• Costs and Application Process: There are fees associated with applying for and obtaining a restricted license. The application process typically involves submitting documentation to the SCDMV and potentially attending a hearing.
• IID Requirement: In some cases, obtaining a restricted license may require the installation of an Ignition Interlock Device (IID) in your vehicle. This device requires you to blow into it before starting the car, and it prevents the car from starting if alcohol is detected.

Getting Your License Back

After your suspension period is over and your criminal case is resolved, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the specifics of your case but typically include:
• Paying a reinstatement fee to the SCDMV.
• Providing proof of completion of any court-ordered alcohol education programs or treatment.
• Meeting any other requirements imposed by the court or the SCDMV.
• Fees: Be prepared to pay reinstatement fees to the SCDMV. The amount varies depending on the reason for the suspension.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of time. This indicates that you have the minimum required liability insurance.
• Classes/Programs That Must Be Completed: The court may order you to complete alcohol education programs, community service, or other requirements as part of your sentence. You will need to provide proof of completion to the SCDMV before your license can be reinstated.

Lee County DMV Offices

Unfortunately, Lee County itself does not have a full-service SCDMV office. You will likely need to visit an office in a neighboring county. Here are a few options (be sure to check their hours of operation before visiting):

• Sumter SCDMV Office:
• Bishopville SCDMV Office:
• Darlington SCDMV Office:

Always confirm the most up-to-date address and hours of operation for each office before visiting, as this information can change.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned earlier, an IID may be required for a restricted license or as part of your criminal sentence. The SCDMV provides information on approved IID providers.
• Occupational License: While South Carolina technically doesn't offer a specific "occupational license" separate from a restricted license, the hardship license can be used to drive for work purposes.
• Alcohol and Drug Safety Action Program (ADSAP): If convicted of DUI, you will likely be required to complete the ADSAP program. This program provides education and treatment services for individuals with alcohol or drug-related offenses.

Navigating the aftermath of a DUI arrest in Lee County can be complex and confusing. Remember to act quickly to request your ALR hearing and protect your driving privileges. Consulting with a qualified South Carolina DUI attorney is highly recommended to ensure you understand your rights and options and can build the strongest possible defense.