Orangeburg County License Hearing Guide

Orangeburg County DUI License Suspension & ALR Hearing: Act Fast to Save Your License!

After a DUI arrest in Orangeburg County, South Carolina, you're facing two separate legal battles: a criminal case and an administrative license suspension. This guide focuses on the administrative side – specifically, how to challenge the suspension of your driver's license. Time is of the essence! Your ability to drive could be severely limited if you don't act quickly. Understanding the Administrative License Revocation (ALR) process is crucial, and this guide will walk you through it.

Your License After a DUI Arrest in Orangeburg County

It's vital to understand that the administrative process concerning your driver's license is separate from the criminal charges you face in court. Even if your criminal case is eventually dismissed or you're found not guilty, your license can still be suspended through the ALR process. This is because the ALR hearing has a lower burden of proof than a criminal trial. The Department of Motor Vehicles (DMV) only needs to prove a few key facts to suspend your license, whereas the prosecution in the criminal case must prove your guilt beyond a reasonable doubt.

CRITICAL DEADLINE: Request a Hearing Within 15 Days!

This is the single most important thing you need to know. After a DUI arrest in Orangeburg County, you have only 15 days from the date of your 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:

• Online: The SCDMV may offer an online portal to request the hearing. Check their website (www.scdmvonline.com) for the most up-to-date information and forms.
• Phone: Contact the SCDMV at their designated phone number for ALR hearing requests. This number can usually be found on the paperwork given to you by the arresting officer.
• Mail: You can send a written request for a hearing to the address specified on the paperwork provided at the time of your arrest. Important: Send it via certified mail with return receipt requested to ensure you have proof of timely submission. The request should clearly state that you are requesting an ALR hearing regarding the suspension of your driver's license following a DUI arrest on [Date of Arrest] in Orangeburg County.

What Happens If You Miss the Deadline:

If you fail to request a hearing within 15 days, your license will be automatically suspended. The suspension will begin as outlined on the paperwork you received at the time of your arrest. There are very few exceptions to this rule, so don't delay! Missing this deadline can have significant consequences for your ability to get to work, school, or other important obligations.

Automatic License Suspension

Even if you request a hearing, your license may still be subject to automatic suspension, depending on the circumstances of your arrest.

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 a period determined by South Carolina law. The specific duration depends on factors such as prior DUI convictions.
• Temporary Alcohol Restricted License (TARL): You will likely receive a temporary alcohol restricted license (TARL) at the time of your arrest. This temporary license is valid until your ALR hearing or until the date the suspension is scheduled to begin, whichever comes first. The TARL allows you to drive with certain restrictions.

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. You can expect a longer suspension period for a refusal.
• Implied Consent Law in South Carolina: South Carolina, like all 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. Refusing to submit to testing is a violation of this law and carries severe penalties.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. Understanding the process is essential to giving yourself the best chance of a favorable outcome.

What It Is

• Separate from Criminal Court: As mentioned earlier, the ALR hearing is entirely separate from the criminal DUI case. The outcome of the ALR hearing does not directly impact 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 DMV has sufficient evidence to justify suspending your driver's license.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The DMV only needs to show by a preponderance of the evidence (meaning it's more likely than not) that the suspension is warranted.

How to Prepare

• Gather Evidence: Gather any evidence that could support your case. This might include:
• Witness statements (e.g., from passengers or people who saw you before the arrest)
• Video footage (e.g., from dashcams or surveillance cameras)
• Medical records (if you have a medical condition that might have affected your performance on field sobriety tests)
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Orangeburg County can be invaluable in preparing for and representing you at the ALR hearing. They understand the applicable laws and procedures and can help you build a strong defense.
• Understand What You Can Challenge: You can challenge various aspects of the DUI arrest and the evidence against you, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breathalyzer or blood test was properly administered and calibrated.
• Whether you were properly advised of your implied consent rights.

Possible Outcomes

• Suspension Upheld: The hearing officer may uphold the suspension, meaning your license will be suspended for the applicable period.
• Suspension Overturned: The hearing officer may overturn the suspension, meaning your license will be reinstated (unless it's suspended for other reasons).
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant 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 hardship or restricted license, allowing you to drive under certain conditions.

• Eligibility Requirements: Eligibility requirements for a hardship license vary. Generally, you must demonstrate a genuine need to drive, such as for employment, education, or medical care.
• What You Can Drive For: A hardship license typically restricts you to driving only for specific purposes, such as going to and from work, school, medical appointments, or court-ordered treatment programs.
• Costs and Application Process: There are fees associated with applying for a hardship license. You'll need to complete an application and provide documentation to support your need to drive. Contact the SCDMV for the specific requirements and application process.
• 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.

Getting Your License Back

Once your suspension period is over and you've met all the requirements, you can apply to have your license reinstated.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include paying a reinstatement fee and providing proof of insurance.
• Fees: The reinstatement fee varies depending on the circumstances of your suspension. Contact the SCDMV for the current fee schedule.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a certain period.
• Classes/Programs That Must Be Completed: You may be required to complete DUI education classes or treatment programs as a condition of reinstatement.

Orangeburg County DMV Offices

Locate your nearest DMV to handle administrative tasks. Please verify hours of operation before visiting.

• Orangeburg DMV Branch: (Address and Phone Number - This information needs to be populated with actual data from Orangeburg County)
• [Other Nearby DMV Branch]: (Address and Phone Number - This information needs to be populated with actual data from nearby DMV branches)

Special Programs

• Ignition Interlock Device Program: South Carolina has an ignition interlock device (IID) program for DUI offenders. This program requires offenders to install a device in their vehicle that prevents it from starting if the driver's BAC is above a certain level.
• Occupational License: An occupational license is a restricted license that allows you to drive for work-related purposes only.
• Alcohol and Drug Safety Action Program (ADSAP): This is a state mandated program that DUI offenders must complete.

Disclaimer: This guide provides general information and is not legal advice. You should consult with a qualified attorney to discuss your specific situation and legal options after a DUI arrest in Orangeburg County, South Carolina. The laws and procedures related to DUI and license suspension are complex and subject to change. The information above should be verified with official sources.