Lee County License Hearing Guide

Your License After a DUI Arrest in Lee County

Being arrested for DUI in Lee County can trigger two separate legal processes: a criminal case in court and an administrative action against your driver's license by the South Carolina Department of Motor Vehicles (SCDMV). This guide focuses on the administrative side, specifically the license suspension and your right to an Administrative License Revocation (ALR) hearing. It's crucial to understand this process because your driving privileges can be suspended independently of the outcome of your criminal DUI case.

CRITICAL DEADLINE: Request Hearing Within 30 Days

After a DUI arrest in Lee County, you have only 30 calendar days from the date of your arrest to request an administrative hearing to challenge the suspension of your driver's license. This is a strict deadline. Missing it will result in an automatic suspension of your driving privileges.

To request a hearing, you must contact the Office of Motor Vehicle Hearings (OMVH). The OMVH is located at Edgar A. Brown Building, 1205 Pendleton Street, Suite 325, Columbia, SC 29201.

While there is no specific online or phone request option noted, it's crucial to contact the OMVH directly as soon as possible to confirm the most up-to-date procedures for requesting a hearing.

If you miss the 30-day deadline, your license will be automatically suspended, and you will lose the opportunity to challenge the suspension at an administrative hearing.

Automatic License Suspension

In South Carolina, your license can be automatically suspended following a DUI arrest under Implied Consent laws. The reason for the suspension depends on whether you took a breath or blood test and the results.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Concentration (BAC) was 0.08% or higher, your license will be suspended. The length of the suspension varies based on prior DUI offenses. The SCDMV website should be consulted for current suspension periods.

Upon arrest, you may receive a temporary driving permit, which is usually valid until your administrative hearing or until the suspension period begins.

If You Refused Testing

Under South Carolina's Implied Consent law, by driving on South Carolina roads, you have implicitly consented to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing to submit to testing carries a harsher penalty than failing the test.

If you refused to take a breath, blood, or urine test, your license will be suspended for a longer period than if you had taken and failed the test. The exact length of the suspension varies, but it is generally a significantly longer period than suspensions for failing the test.

The ALR/Administrative Hearing

What It Is

The Administrative License Revocation (ALR) hearing, also known as an administrative hearing, is a separate proceeding from your criminal DUI case. It is conducted by the Office of Motor Vehicle Hearings (OMVH) and its sole purpose is to determine whether the SCDMV was justified in suspending your driver's license.

The burden of proof at an ALR hearing is lower than in a criminal trial. The hearing officer only needs to determine if it is more likely than not (a "preponderance of the evidence") that you were lawfully arrested for DUI and that the suspension is warranted.

How to Prepare

Preparing for an ALR hearing is crucial to maximizing your chances of retaining your driving privileges.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, video footage (if available), or documentation related to your medical condition (if it could have affected the breath test results).
• Consider Hiring a DUI Attorney: A DUI attorney experienced in South Carolina administrative hearings can help you prepare your case, gather evidence, and represent you at the hearing.
• 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 breathalyzer test was properly administered, or whether you were properly informed of your Implied Consent rights.

Possible Outcomes

The hearing officer will make a decision based on the evidence presented at the hearing.

• Suspension Upheld: If the hearing officer finds that the suspension was justified, your license will remain suspended for the applicable period.
• Suspension Overturned: If the hearing officer finds that the suspension was not justified, 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 under certain conditions (see below).

Hardship/Restricted License in South Carolina

Even with a suspended license, you may be eligible for a restricted or hardship license in South Carolina, allowing you to drive for specific purposes.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and your prior driving record. Generally, you must demonstrate a need to drive for work, school, medical appointments, or other essential purposes.
• What You Can Drive For: A restricted license typically specifies the permitted driving times, locations, and purposes.
• Costs and Application Process: The SCDMV can provide information on the specific costs and application process for a restricted license.
• IID Requirement: Depending on the circumstances of your DUI, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

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

• Reinstatement Requirements: Reinstatement requirements typically include paying a reinstatement fee to the SCDMV and providing proof of insurance.
• Fees: Contact the SCDMV directly for the current reinstatement fee amount.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: You will likely be required to complete the Alcohol and Drug Safety Action Program (ADSAP) before your license can be reinstated.

Lee County DMV Office

• SCDMV Bishopville Branch
• Address: 508 South Lee Street, Bishopville, SC 29010
• Phone: 803-484-4573
• Hours: Mon, Tue, Thu, Fri: 8:30 AM - 5:00 PM. Wed: 9:30 AM - 5:00 PM

Special Programs

• Alcohol and Drug Safety Action Program (ADSAP): Completion of ADSAP is typically required for license reinstatement after a DUI. Contact information can be found through the Ernest E. Kennedy Center.

Frequently Asked Questions

**Q: Where will I be taken after a DUI arrest in Lee County?*A: Due to Lee County not maintaining a long-term jail facility, you will likely be transported to the Sumter-Lee Regional Detention Center located at 1250 Winkles Road, Sumter, SC 29153.

**Q: Where do I attend court for my first-offense DUI in Lee County?*A: Standard first-offense DUIs are handled in the Lee County Magistrate Court (Summary Court) located at 115 Gregg Street, PO Box 2, Bishopville, SC 29010.

**Q: What is the deadline to request an ALR hearing after a DUI arrest in Lee County?*A: You have only 30 calendar days from the date of your arrest to request an ALR hearing with the Office of Motor Vehicle Hearings (OMVH).