South Carolina DUI License Suspension Lawyers
Offices in Myrtle Beach, Conway, Charleston, and Columbia.
South Carolina has a complex system of license suspensions that are related to driving under the influence (DUI) arrests. The DMV will impose a license suspension not only for a DUI conviction but also for refusal to submit to the breathalyzer or blood tests. The length of suspension in either situation varies depending on the circumstances. In some situations, you can get a temporary or route-restricted license, and, in other situations, you will not be able to get a license at all.
DUI License Suspensions in South Carolina
If you are convicted of a DUI offense, your license will be suspended for a period of time that is determined by:
1) Whether it is a first, second, or third offense; and
2) The breathalyzer result. Whether you can get a route-restricted license will vary from case to case and may depend on whether it is a first or subsequent conviction, whether you install an ignition interlock device on your vehicle, and whether you have enrolled in the Alcohol and Drug Safety Action Program (ADSAP).
A license suspension based on a DUI conviction is separate from a license suspension based on implied consent for refusing the breathalyzer or blood tests. Even if you won your administrative/ implied consent hearing, your license will still be suspended if you are later convicted of the DUI offense.
Implied Consent Suspensions in South Carolina
Every person who is accused of DUI should refuse the breathalyzer test. Your license will be suspended immediately, but it can be reinstated if you request an administrative hearing within the time limit and if you win the hearing. If you lose the hearing, it was still worthwhile because an administrative suspension is worth not giving the prosecution evidence to use in obtaining a DUI conviction.
If you take the breathalyzer test and the result is greater than .15, your license will still be suspended. Either way, you must request an administrative hearing within 30 days of the arrest. Once your attorney has requested the administrative hearing, in most cases you will be able to get a temporary license that you can use until the date of the hearing. If you do not request the hearing or if you lose at the hearing, your license suspension will remain in effect and you will have to enroll in ADSAP before you can regain your driving privileges, even if you later win your DUI case. Remember that these proceedings are administrative and separate from the actual DUI prosecution in criminal court.
The standard of proof and evidence rules are not as strict in the administrative court as they are in a criminal court, and these hearings can be difficult to win. In many cases, however, the officer will not appear at the hearing or may choose not to enter testimony at the hearing, in which case you win by default. If the officer does appear at the hearing and goes forward, your attorney can then cross-examine the officer and argue that:
1) There was no probable cause for the arrest;
2) The breath test was not properly offered; or
3) That the breath test was not actually refused.
Your attorney will review the videos and incident report in the case, and can make arguments based on the officer’s testimony, what the videos show, and whether the officer followed SLED’s policy and procedure during the breath test.
If you have been charged with DUI or DUAC in the Myrtle Beach, Conway, Charleston, or Columbia areas, contact the South Carolina implied consent lawyers at Coastal Law, LLC, today at (843) 488-5000 to find out how we can help.
1104 North Oak Street
Myrtle Beach, SC 29577
1314 2nd Avenue
Conway, SC 29526
231 King Street
Charleston, SC 29401
1201 Main Street, Suite 1913
Columbia, SC 29201
** Please be aware that any result achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.
** Clients may be responsible for costs in addition to attorney’s fees. In percentage based cases, fees are calculated prior to deducting costs.
** This website is meant to provide meaningful information, but does not create an attorney-client relationship. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.