Lexington County License Hearing Guide

Lexington County DUI License Suspension & ALR Hearing

Being arrested for DUI in Lexington County, South Carolina, triggers two separate legal processes: a criminal case in the courts and an administrative action against your driver's license. While the criminal case determines your guilt or innocence regarding the DUI charge itself, the administrative process, handled by the South Carolina Department of Motor Vehicles (SCDMV), decides whether your driving privileges will be suspended. Understanding this distinction is crucial, as the deadlines and procedures differ significantly. This guide focuses on the administrative license suspension and the steps you can take to potentially save your license.

CRITICAL DEADLINE: Request Hearing Within 30 Days

Following a DUI arrest in Lexington County, you have a very limited window to challenge the potential suspension of your driver's license. Under South Carolina law, you must request an Administrative License Revocation (ALR) hearing within 30 days of your arrest. This deadline is strictly enforced.

• Where to Request: The request must be submitted to the South Carolina Department of Motor Vehicles (SCDMV).
• How to Request: It is unclear if online/phone options are available; you should confirm with the SCDMV.
• What Happens If You Miss the Deadline: If you fail to request a hearing within 30 days, your driver's license will be automatically suspended. There is very little recourse once this deadline has passed.

Automatic License Suspension

Even if you plan to fight the DUI charge in court, your license will likely be suspended automatically pending the outcome of the ALR hearing or if you fail to request a hearing. The length of the suspension depends on whether you took a breath or blood test and, if so, the results.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was 0.08% or higher, your license will be suspended.
• Temporary Permit: You may receive a temporary driving permit valid until your ALR hearing or the start of your suspension, whichever comes first.

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.
• Implied Consent Law in South Carolina: South Carolina operates under an implied consent law. By driving on South Carolina roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this law results in license suspension.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a separate proceeding from your criminal DUI case. It is held before an administrative law judge and focuses solely on whether the SCDMV has sufficient grounds to suspend your driver's license.

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. Even if you are found not guilty in criminal court, your license can still be suspended administratively.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine if the arresting officer had probable cause to stop you, if you were lawfully arrested, and if your BAC was above the legal limit or if you refused testing.
• 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 a preponderance of the evidence (more likely than not) that the suspension is warranted, rather than proving guilt beyond a reasonable doubt.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney familiar with Lexington County procedures can help you navigate the ALR hearing process, gather evidence, and present a strong defense. The decentralized nature of the summary court system and the nuanced procedures of the Lexington DUI Court demand the retention of localized defense counsel.
• Understand What You Can Challenge: You can challenge various aspects of the arrest and testing process, including the legality of the initial stop, the administration of the field sobriety tests, and the accuracy of the breathalyzer machine.

Possible Outcomes

• Suspension Upheld: If the administrative law judge finds that the SCDMV has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the judge finds that the SCDMV has not met its burden of proof, 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 under specific circumstances.

Hardship/Restricted License in South Carolina

Even with a suspended license, South Carolina may allow you to obtain a restricted license under certain conditions.

• Eligibility Requirements: Eligibility typically depends on the nature of the offense, prior driving record, and the reasons for needing to drive.
• What You Can Drive For: Restricted licenses typically allow driving for work, school, medical appointments, and court-ordered programs like ADSAP.
• Costs and Application Process: The application process involves submitting an application to the SCDMV and paying a fee.
• IID Requirement: Depending on the circumstances of your DUI, you may be required to install an ignition interlock device (IID) on your vehicle as a condition of obtaining a restricted license. South Carolina law mandates the use of an IID after a DUI conviction.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You will likely need to complete a DUI Alcohol and Drug Safety Action Program (ADSAP) and pay reinstatement fees to the SCDMV.
• Fees: Reinstatement fees vary depending on the length and type of suspension.
• SR-22 Insurance Requirement: To reinstate a suspended driver's license in South Carolina, the SCDMV requires the filing of an SR-22 certificate, a document provided by an auto insurer proving the driver carries the state-mandated minimum liability coverage. This certificate is required for a period of three years following a DUI conviction.
• Classes/Programs That Must Be Completed: South Carolina state law is absolute regarding post-conviction education: any driver whose license is suspended due to a DUI conviction or an Implied Consent administrative violation must successfully complete the Alcohol and Drug Safety Action Program (ADSAP) prior to license reinstatement.

Lexington County DMV Offices

The nearest SCDMV branch is located at:

• Lexington SCDMV: 4348 Augusta Rd, Lexington, SC 29073. Phone: 803-356-8537.

Special Programs

• Ignition Interlock Device Program: South Carolina mandates the use of an IID after a DUI conviction.
• Alcohol and Drug Safety Action Program (ADSAP): Any driver whose license is suspended due to a DUI conviction or an Implied Consent administrative violation must successfully complete the Alcohol and Drug Safety Action Program (ADSAP) prior to license reinstatement. Nearest approved DUI school: LRADAC (Lexington/Richland Alcohol and Drug Abuse Council), located at 1068 South Lake Drive, Lexington, SC 29073. Phone: 803-726-9400.

Frequently Asked Questions

1. How long do I have to enroll in ADSAP after a DUI conviction in Lexington County? Defendants are statutorily required to enroll in ADSAP within 30 days of their conviction date. Failure to meet this deadline nullifies eligibility for a provisional driver's license.
2. Where do I go to get the official vehicle release form after a DUI arrest in Lexington County? Before attempting to visit the private tow yard, the registered owner must physically travel to the Lexington County Sheriff’s Department headquarters lobby, located at 521 Gibson Road to secure the official vehicle release forms.
3. What is the phone number for the Lexington County Sheriff's Department front desk to verify which wrecker took custody of my vehicle? Relatives or defendants must contact the Lexington County Sheriff’s Department Front Desk at 803-785-8230 to verify which specific rotation wrecker took custody of the vehicle.