Union County License Hearing Guide

Union County DUI License Suspension & ALR Hearing

After a DUI arrest in Union County, South Carolina, you face two separate legal battles: a criminal case in court and an administrative license suspension handled by the South Carolina Department of Motor Vehicles (SCDMV). This guide focuses on the administrative side, specifically the license suspension and your right to request an Administrative License Revocation (ALR) hearing. Understanding this process and acting quickly is crucial to potentially saving your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 30 Days

You have a limited time to act. To challenge the suspension of your driver's license, you must request an ALR hearing within 30 calendar days of your DUI arrest. This request must be made to the Office of Motor Vehicle Hearings (OMVH) in Columbia, not the local DMV.

**How to Request:*While specific online request methods may exist, contact the OMVH directly for the most up-to-date procedure. It's advisable to send a written request via certified mail, return receipt requested, to ensure proof of timely submission.

**What Happens If You Miss the Deadline:*If you fail to request a hearing within the 30-day deadline, your license will be automatically suspended. There are very limited exceptions to this rule.

Automatic License Suspension

South Carolina law mandates an automatic license suspension following a DUI arrest, the length of which depends on whether you submitted to chemical testing (breath or blood) and the results.

If You Took the Breath/Blood Test and Failed

If you took a breath or blood test and your Blood Alcohol Content (BAC) was 0.08% or higher, your license will be suspended. The length of the suspension varies based on prior offenses.

If You Refused Testing

Under South Carolina's implied consent law, by driving on South Carolina roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to a breath, blood, or urine test carries significant penalties. Refusal results in a longer suspension period than failing the test.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It is conducted by the OMVH and focuses solely on whether the SCDMV has sufficient legal grounds to suspend your driver's license. The burden of proof is lower than in a criminal trial.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or photos.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in South Carolina administrative law can represent you at the hearing, present evidence, and cross-examine witnesses.
• 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 officer properly administered the breath test.
• Whether you were lawfully arrested.
• Whether you were properly informed of your implied consent rights.

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension Upheld: The OMVH finds sufficient evidence to support the suspension, and your license remains suspended.
• Suspension Overturned: The OMVH finds insufficient evidence to support the suspension, and your license is reinstated.
• Restricted/Hardship License Granted: The OMVH may grant a restricted license, allowing you to drive under specific circumstances (see below).

Hardship/Restricted License in South Carolina

South Carolina law allows for the possibility of a restricted license under certain circumstances during a DUI suspension.

• Eligibility Requirements: Eligibility depends on the specific circumstances of your case, including whether you refused testing and any prior DUI convictions.
• What You Can Drive For: A restricted license typically allows driving for essential purposes such as:
• Work
• School
• Medical appointments
• Costs and Application Process: The SCDMV handles the application process for a restricted license. There are associated fees.
• IID Requirement: South Carolina law now requires Ignition Interlock Devices (IIDs) for even first-time DUI offenders to combat recidivism.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face a license suspension if convicted of DUI in criminal court.

• Reinstatement Requirements: To reinstate your license after a DUI conviction, you must meet specific requirements set by the SCDMV, including:
• Paying reinstatement fees.
• Completing the Alcohol and Drug Safety Action Program (ADSAP).
• Filing an SR-22 certificate of financial responsibility.
• Fees: Reinstatement fees vary.
• SR-22 Insurance Requirement: South Carolina law requires you to file an SR-22 certificate of financial responsibility with the SCDMV for three years following a DUI conviction or implied consent suspension.
• Classes/Programs That Must Be Completed: You must complete ADSAP to have your license reinstated. The cost for ADSAP can be up to $2,500.

Union County DMV Office

The SCDMV Union Office is located at:

• Address: 1000 North Pickney Street, Union, SC 29379
• Phone: 864-427-9278

Special Programs

• Ignition Interlock Device Program: As mentioned above, South Carolina has expanded the use of IIDs for DUI offenders. Because Union County lacks a dense commercial automotive sector, there are virtually no specialized, state-certified IID or continuous alcohol monitoring installation centers located directly within the county lines.
• Alcohol and Drug Safety Action Program (ADSAP): Completing ADSAP is mandatory for license reinstatement after a DUI conviction.

Frequently Asked Questions

1How long will I have to wait in the Union County Detention Center before I can post bail for a DUI? The average processing time from posting bail to release at the Union County Detention Center is one to four hours, depending on facility activity and shift changes.

2Can I preemptively post bail for a DUI in Union County before my bond hearing? No, there is no mechanism to preemptively post bail before the Magistrate Court convenes for the bond hearing, which occurs only twice daily.

3Where should I go to get my Ignition Interlock Device (IID) installed if I live in Union County? Because Union County lacks a dense commercial automotive sector, there are virtually no specialized, state-certified IID or continuous alcohol monitoring installation centers located directly within the county lines. Defendants are forced to travel to adjacent metropolitan hubs, such as Spartanburg to the northwest or Rock Hill to the northeast, to fulfill their court-ordered installations and mandatory monthly calibration appointments.