How long do you lose your license for a DUI in SC? The answer depends on the type of DUI conviction, how many prior DUI convictions you have had, your Datamaster (breathalyzer) result, and whether the suspension is for a DUI conviction or an implied consent violation.
In many cases, you can still drive after a DUI conviction, but only if you install an ignition interlock device on your vehicle.
More importantly, don’t get a DUI conviction or an implied consent violation…
Although sometimes a DUI conviction or an implied consent suspension is unavoidable, do everything that you can to prevent it – contact an experienced DUI defense lawyer immediately after your arrest, fight the DUI charge, and request an administrative hearing if there is an implied consent suspension.
How Long Do You Lose Your License for a DUI in SC?
If you are convicted for a DUI-related offense in SC, how long do you lose your license?
It depends on the type of conviction, whether you have any prior convictions for DUI, and the breathalyzer result.
How Long Do You Lose Your License for a First-Offense DUI Conviction?
SC Code Section 56-5-2990 determines how long you will lose your license if you have been convicted of DUI or DUAC in SC:
- If you refused the breathalyzer and are later convicted of either DUI or DUAC, there is a six-month license suspension. You are not eligible for a provisional license, but you have the option to install an ignition interlock device (IID) pursuant to SC Code Section 56-5-2941 instead of serving the entire suspension.
- If you took the breathalyzer and the result was less than .15, there is a six-month suspension. You are eligible for a provisional license, and you have the option to install an ignition interlock device (IID) instead of serving the entire suspension.
- If you took the breathalyzer and the result was .15 or greater, you must install an ignition interlock device for six months. You are not eligible for a provisional license and you do not have the option of just serving out a license suspension instead of installing the IID.
How Long Do You Lose Your License for a Second-Offense DUI Conviction?
For a second-offense DUI or DUAC conviction in SC, you must install an ignition interlock device and keep it on your vehicle for two years, and your only option to drive is an ignition interlock restricted license under SC Code Section 56-1-400.
How Long Do You Lose Your License for a Third-Offense DUI Conviction?
For a third-offense DUI or DUAC conviction, you must install an ignition interlock device and keep it on your vehicle for three years, and your only option to drive is an ignition interlock restricted license under SC Code Section 56-1-400.
If the third offense is within five years of the first prior DUI or DUAC conviction, the IID must be kept on the vehicle for four years.
How Long Do You Lose Your License for a Fourth-Offense DUI Conviction?
If you have four or more prior convictions for DUI or DUAC, your only option is to install an ignition interlock device on your vehicle and get an ignition interlock restricted license under SC Code Section 56-1-400.
After your fourth DUI conviction, the IID requirement is for the rest of your life, but you can apply to the Department of Probation, Parole and Pardon Services once every five years to have your license restored “for good cause.”
How Old Can DUI Convictions Be Before They Don’t Count Anymore?
DUI or DUAC convictions within the past ten years count as prior convictions for purposes of sentencing enhancements and license suspensions.
You Must Also Enroll in ADSAP
If you have been convicted of DUI or DUAC in SC, you must enroll in the Alcohol and Drug Safety Action Program (ADSAP) before you can regain your regular license, and you may be eligible for a route-restricted or special restricted driver’s license while you are enrolled in the program.
How Long Do You Lose Your License for Refusing the Breathalyzer in SC?
If you refuse the breathalyzer test, or if you take the test and the result is .15 or greater, your license will also be suspended under SC’s implied consent laws.
You may be able to get the suspension overturned at an administrative hearing. If the suspension is not overturned, however, the administrative suspension is separate from any suspension you may receive if you are later convicted of the DUI or DUAC in the criminal court.
So, how long do you lose your license for an implied consent violation?
- First offense – one month for a breathalyzer result greater than .15, or six months for a refusal.
- Second offense – two months for a breathalyzer result greater than .15, or nine months for a refusal.
- Third offense – three months for a breathalyzer result greater than .15, or 12 months for a refusal.
- Fourth or greater offense – four months for a breathalyzer result greater than .15, or 15 months for a refusal.
You may be eligible for a temporary alcohol license if you request an administrative hearing within 30 days. If you don’t request an administrative hearing or if you lose the administrative hearing, you may still be eligible for a route-restricted license, but you must enroll in ADSAP.
How Do You Get Your License Back After a DUI?
How you get your license back after a DUI conviction depends on your circumstances. The requirements may include:
- Completing the ADSAP program;
- Completing the suspension period;
- Completing the period of time that you are required to have an ignition interlock device installed;
- Paying all fines, court costs, and DMV fees;
- Completing the requirements to regain your license after a revocation if you have been declared a habitual traffic offender due to three or more “major” traffic violations within three years (which includes DUI, DUAC, or reckless driving convictions); or
- Not at all – in some cases, such as for a fourth or subsequent DUI conviction, you may lose your unrestricted driver’s license for life.
Myrtle Beach DUI Defense Lawyers
If you have been charged with any DUI offense in SC, including DUI, DUAC, or felony DUI, you are in danger of losing your driver’s license following either a DUI conviction or implied consent violation.
Call Coastal Law now to schedule a free case consultation by calling (843) 488-5000 or by contacting us through our website.
