Williamsburg County License Hearing Guide

Williamsburg County DUI License Suspension & ALR Hearing

A DUI arrest in Williamsburg County, South Carolina, triggers two separate legal battles: a criminal case in court and an administrative action against your driver's license. While the criminal case determines your guilt or innocence, the South Carolina Department of Motor Vehicles (SCDMV) can suspend your license independently through an Administrative License Revocation (ALR) process. Understanding this process and acting quickly is crucial to preserving your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 30 Days

Following a DUI arrest in Williamsburg County, you have a limited time to request an Administrative Hearing to contest the suspension of your driver's license. You must request this hearing within 30 days of your arrest. This request must be submitted to the Office of Motor Vehicle Hearings in Columbia.

Missing this deadline results in an automatic suspension of your driver's license.

Automatic License Suspension

Even before your criminal case is resolved, the SCDMV can suspend your license based on the circumstances of your arrest. The grounds for suspension depend on whether you submitted to chemical testing (breath or blood) and the results of that test, or if you refused testing altogether.

If You Took the Breath/Blood Test and Failed

If you submitted to 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 depends on factors such as prior DUI 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 results in a longer license suspension than failing the test.

The ALR/Administrative Hearing

What It Is

The Administrative Hearing is a separate proceeding from your criminal DUI case. It is conducted by the South Carolina Office of Motor Vehicle Hearings (OMVH) to determine whether the SCDMV has sufficient grounds to suspend your license. The standard of proof is lower than in a criminal trial. The OMVH only needs to show that it is more likely than not that you were driving under the influence.

How to Prepare

Preparing for your ALR hearing is crucial. Here's how:

• Gather Evidence: Collect any evidence that supports your case. This may include witness statements, dashcam footage, or any documentation that challenges the basis for the DUI arrest.
• Consider Hiring a DUI Attorney: A DUI attorney can represent you at the hearing, present evidence, cross-examine witnesses, and argue on your behalf. Because Williamsburg County is situated between larger judicial circuits, specialized DUI defense counsel is often secured from Florence or coastal regions.
• Understand What You Can Challenge: You can challenge the legality of the stop, the administration of the breath or blood test, and whether there was probable cause for the arrest.

Possible Outcomes

• Suspension Upheld: If the OMVH finds sufficient evidence, your license suspension will be upheld.
• Suspension Overturned: If the OMVH finds that the SCDMV did not have sufficient grounds for the suspension, your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted license that allows you to drive under specific circumstances, such as for work or school.

Hardship/Restricted License in South Carolina

South Carolina may allow you to apply for a restricted license, which would permit you to drive for essential purposes, such as:

• Driving to and from work
• Driving to and from school
• Driving for medical treatment

Eligibility for a restricted license depends on the specifics of your case and requires meeting certain requirements. You may be required to enroll in the Alcohol and Drug Safety Action Program (ADSAP) administered by Williamsburg County Behavioral Health, located at 115 Short Street, Kingstree, SC 29556 (Phone: 843-355-9113), or at 2811 S. State Hwy 41-51, Chavis Complex, Hemingway, SC 29554.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face a license suspension as part of your criminal sentence if convicted of DUI.

• Reinstatement Requirements: After your suspension period ends, you will need to meet certain requirements to reinstate your license.
• Fees: You will likely have to pay a reinstatement fee to the SCDMV.
• SR-22 Insurance Requirement: Following a DUI conviction, the SCDMV mandates the filing of an SR-22 certificate to prove future financial responsibility. This is handled electronically by high-risk insurance underwriters directly communicating with the SCDMV servers.
• Classes/Programs that must be completed: South Carolina law strictly mandates that any individual convicted of a DUI must successfully complete ADSAP before they are legally eligible for any form of relicensing.

Williamsburg County DMV Offices

The Kingstree DMV office is located at:

• Kingstree DMV: 785 Eastland Avenue, Kingstree, SC 29556. Phone: 843-354-9217

Contact them for specific hours of operation and services offered.

Special Programs

• Ignition Interlock Device Program: South Carolina may require you to install an ignition interlock device (IID) on your vehicle as a condition of license reinstatement, especially for repeat offenders or those with high BAC levels.
• Alcohol and Drug Safety Action Program (ADSAP): As mentioned previously, successful completion of ADSAP is mandatory for license reinstatement after a DUI conviction. In Williamsburg County, this program is administered by Williamsburg County Behavioral Health.

Frequently Asked Questions

**1. Where do I attend ADSAP classes in Williamsburg County?*You can attend ADSAP classes at Williamsburg County Behavioral Health, located at 115 Short Street in Kingstree, or 2811 S. State Hwy 41-51 in Hemingway. Contact them at 843-355-9113.

**2. What happens if I miss the 30-day deadline to request an ALR hearing?*If you miss the 30-day deadline, your license will automatically be suspended, and you will lose your opportunity to challenge the suspension administratively.

**3. Can I get a temporary license while my ALR hearing is pending in Williamsburg County?*The SCDMV may issue a temporary driving permit that is valid until the date of your ALR hearing or the effective date of the suspension, whichever comes first.