McCormick County License Hearing Guide

McCormick County DUI License Suspension & ALR Hearing

If you've just been arrested for DUI in McCormick County, South Carolina, you're likely feeling overwhelmed. It's crucial to understand that a DUI charge involves two separate processes: a criminal case in court, and an administrative action by the South Carolina Department of Motor Vehicles (SCDMV) that can lead to your driver's license being suspended. This guide focuses on the administrative side – specifically, how to fight to keep your license after a DUI arrest in McCormick County.

Time is of the essence! You have a very limited window to take action to potentially save your driving privileges. Read on to understand the process and what you need to do.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in McCormick County, the most important thing you can do is request an Administrative License Revocation (ALR) hearing with the SCDMV within 15 days of your arrest. This hearing is your opportunity to challenge the suspension of your driver's license.

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

• How to Request: While specific methods can vary, you can typically request an ALR hearing online, by phone, or by mail. It's highly recommended to confirm the most up-to-date method with the SCDMV directly. Check the paperwork you received at the time of your arrest, as it should provide instructions. You can also visit the SCDMV website (www.scdmvonline.com) or call their customer service line. Be prepared to provide your driver's license number, arrest date, and other relevant information.

• What Happens if You Miss the Deadline: Missing the 15-day deadline is a critical mistake. If you fail to request a hearing within this timeframe, your South Carolina driver's license will be automatically suspended. There's very little recourse once the deadline passes, so act immediately.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to an automatic suspension pending the outcome of the hearing. The reasons for this suspension depend on whether you took a breath or blood test and 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 likely be suspended for a period determined by South Carolina law. The specific suspension period depends on factors such as prior DUI convictions. Consult with a DUI attorney to determine the exact length of your suspension.
• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you should have received a temporary driving permit. This permit allows you to drive until your ALR hearing (if you requested one) or until the automatic suspension takes effect. Be sure to note the expiration date of this permit.

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, refusing the test will result in a longer license suspension than failing the test.
• Implied Consent Law in South Carolina: South Carolina, like most states, has an "implied consent" law. This law means that 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 take the test can result in significant penalties, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license before an administrative law judge. Understanding the nature of this hearing is crucial.

What It Is

• Separate from Criminal Court: The ALR hearing is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not automatically determine the outcome of your criminal case, and vice versa.
• Decide 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 based on your DUI arrest.
• Lower Burden of Proof than Criminal Trial: The burden 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" (meaning more likely than not) that the suspension is justified. In a criminal trial, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence (Witness Statements, Video, etc.): Collect any evidence that supports your case. This might include witness statements, dashcam footage (if available), or any other information that challenges the grounds for your arrest.
• Consider Hiring a DUI Attorney: Navigating the ALR hearing process can be complex. A qualified South Carolina DUI attorney can help you understand your rights, gather evidence, and present a compelling case on your behalf. They can also cross-examine the arresting officer and challenge the evidence against you.
• Understand What You Can Challenge: At the ALR hearing, you can challenge various aspects of your arrest, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered the breath or blood test.
• Whether you were properly informed of your Miranda rights.
• Whether you actually refused the breath test (if applicable).

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the administrative law judge finds that the SCDMV had sufficient grounds to suspend your license, the suspension will be upheld.
• Suspension Overturned: If the judge finds that the SCDMV did not have sufficient grounds, 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 limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in South Carolina

Even if your license is suspended, you may be able to obtain a restricted or hardship license in South Carolina, allowing you to drive under specific circumstances.

• Eligibility Requirements: Eligibility for a restricted license typically depends on factors such as the reason for the suspension, your driving record, and whether you have completed any required alcohol education programs.
• What You Can Drive For (Work, School, Medical): Restricted licenses typically allow you to drive to and from work, school, medical appointments, and other essential activities.
• Costs and Application Process: The application process for a restricted license 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) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Regardless of whether you fight the suspension at the ALR hearing, you will eventually need to reinstate your license after the suspension period ends.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include paying a reinstatement fee, completing any required alcohol education programs, and providing proof of insurance.
• Fees: The reinstatement fee 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 specified period.
• Classes/Programs that Must Be Completed: You may be required to complete a DUI education program or alcohol and drug safety action program (ADSAP) before your license can be reinstated.

McCormick County DMV Offices

[Note: Since no courthouse or impound lot data is currently available, and DMV office hours are subject to change, it is important to verify these details directly with the SCDMV.]

To find the nearest SCDMV office and its hours of operation, visit the South Carolina Department of Motor Vehicles website: www.scdmvonline.com. You can also call their customer service line for assistance.

Special Programs

• Ignition Interlock Device Program: South Carolina has an IID program that allows individuals convicted of DUI to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: In some cases, you may be able to obtain an occupational license, which allows you to drive for work-related purposes, even if your license is suspended.
• Any state-specific programs: Check the SCDMV website or consult with a DUI attorney 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. It is essential to consult with a qualified South Carolina DUI attorney to discuss your specific situation and legal options. The laws and procedures related to DUI and license suspension are subject to change, so it is important to stay informed and seek professional guidance.