Bamberg County License Hearing Guide

Bamberg County DUI License Suspension & ALR Hearing

A DUI arrest in Bamberg County, South Carolina can trigger two separate legal processes: a criminal case in court and an administrative action against your driver's license. This guide focuses on the administrative side, specifically the suspension of your license and the Administrative License Revocation (ALR) hearing process. It's crucial to understand this process, as it can result in a license suspension even if you are ultimately found not guilty in criminal court. Time is of the essence!

CRITICAL DEADLINE: Request Hearing Within 30 Days (Updated for SC Law)

Following a DUI arrest in Bamberg County, you have a very limited window to protect your driving privileges. You MUST request an ALR hearing within 30 days of your arrest. This deadline is strictly enforced.

Where to Request: The South Carolina Department of Motor Vehicles (SCDMV) handles ALR hearings.

How to Request: You must request the hearing in writing. You can do this by:

• Mail: Send a written request to the SCDMV Driver Services, PO Box 1498, Blythewood, SC 29016-0040. It is highly recommended that you send this certified mail with return receipt requested.
• In Person: While the SCDMV recommends mailing the request, you can also attempt to submit it in person at a local SCDMV office. However, be prepared for potential delays and verify the office accepts ALR hearing requests.

Your written request MUST include:

• Your full name
• Your date of birth
• Your driver's license number
• Your current mailing address
• The date of your DUI arrest
• A clear statement that you are requesting an ALR hearing to contest the suspension of your driver's license.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 30 days of your arrest, your South Carolina driver's license will be automatically suspended. There are very few exceptions to this rule. The suspension will begin as detailed below, depending on whether you took a breath or blood test.

Automatic License Suspension

Even before your criminal case is resolved, your license can be suspended administratively. The length and start date of the suspension depend on whether you took a breath/blood test and the results, or if you refused to take the test.

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 be suspended for six months. The suspension will begin 30 days after your arrest date unless you request an ALR hearing within the 30-day deadline. If you request a hearing, the suspension is stayed (paused) until the hearing is held and a decision is made.

• Temporary Alcohol Restricted License (TARL): If you were eligible, you likely received a Temporary Alcohol Restricted License (TARL) at the time of your arrest. This permit allows you to drive under certain restrictions until your ALR hearing or the start of your suspension, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a much harsher penalty in South Carolina. If you refused testing, your license will be suspended for one year. This suspension also begins 30 days after your arrest date unless you request an ALR hearing within the 30-day deadline. Like a failed test, requesting a hearing stays the suspension until a decision is made.

• Implied Consent Law in South Carolina: By driving on South Carolina roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing carries significant penalties, as described above.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to challenge the suspension of your driver's license. It is important to understand that this is a separate process from your criminal case.

What It Is

• Separate from Criminal Court: The ALR hearing is an administrative proceeding conducted by the SCDMV. The outcome of the hearing does not determine your guilt or innocence in the criminal DUI case.

• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the officer had probable cause to arrest you for DUI and whether you were properly advised of your implied consent rights (regarding chemical testing).

• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The SCDMV only needs to show by a preponderance of the evidence (more likely than not) that the suspension is justified.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include:

• Witness statements (if anyone observed the traffic stop or your sobriety)

• Dashcam or bodycam footage (request this from the arresting agency immediately)

• Medical records (if you have a medical condition that might have affected your performance on field sobriety tests)

• Consider Hiring a DUI Attorney: Navigating the ALR hearing process can be complex. An experienced South Carolina DUI attorney can help you gather evidence, prepare your case, and represent you at the hearing. They understand the legal nuances and can significantly increase your chances of a favorable outcome.

• Understand What You Can Challenge: At the ALR hearing, you can challenge:

• Whether the officer had probable cause to stop you.

• Whether the officer had probable cause to arrest you for DUI.

• Whether you were properly informed of your implied consent rights.

• Whether the breath/blood test results were accurate and reliable.

• Whether you actually refused the breath/blood test (if applicable).

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the suspension is warranted, your license will be suspended as described above.

• Suspension Overturned: If the hearing officer finds that the suspension is not warranted, your license will be reinstated.

• Restricted/Hardship License Granted: Even if your suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive under certain circumstances.

Hardship/Restricted License in South Carolina

In South Carolina, you may be eligible for a Provisional Driver's License (PDL) if your license is suspended for DUI.

• Eligibility Requirements: Generally, you must complete the Alcohol and Drug Safety Action Program (ADSAP) and have an Ignition Interlock Device (IID) installed in your vehicle. Specific requirements can vary based on the circumstances of your case.

• What You Can Drive For: A PDL typically allows you to drive to and from work, school, medical appointments, and ADSAP classes.

• Costs and Application Process: You must apply for a PDL through the SCDMV and pay the required fees. The application process involves providing proof of ADSAP enrollment, IID installation, and SR-22 insurance.

• IID Requirement: As mentioned, installation of an Ignition Interlock Device (IID) is typically required for a PDL after a DUI conviction in South Carolina. You will be responsible for the costs associated with the IID, including installation, monthly rental, and calibration.

Getting Your License Back

Once your suspension period is over (whether from the ALR hearing or a criminal conviction), you will need to take steps to reinstate your license.

After Criminal Case Concludes

• Reinstatement Requirements: The specific requirements for reinstatement depend on the outcome of your criminal case and the terms of your sentence. Generally, you will need to:

• Pay a reinstatement fee to the SCDMV.

• Provide proof of SR-22 insurance (if required).

• Complete any required alcohol education or treatment programs (like ADSAP).

• Pass any required driving tests (if applicable).

• Fees: Reinstatement fees vary but can be several hundred dollars.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the SCDMV. It proves that you have the minimum required liability coverage.

• Classes/Programs That Must Be Completed: The ADSAP program is often a mandatory requirement for license reinstatement after a DUI conviction.

Bamberg County SCDMV Offices

Unfortunately, there is no SCDMV office located directly in Bamberg County. The closest SCDMV branch would be the Allendale branch.

• Allendale SCDMV: 334 Barnwell Hwy, Allendale, SC 29810. It is recommended to call ahead for hours and availability at (803) 584-4224.

You can also visit the SCDMV website (scdmvonline.com) for online services and information.

Special Programs

• Ignition Interlock Device Program: The IID program allows individuals with suspended licenses to drive with a device that prevents the vehicle from starting if alcohol is detected on their breath.

• Occupational License: While South Carolina offers a PDL, it's important to understand the differences.

Remember, this information is for guidance only and does not constitute legal advice. If you have been arrested for DUI in Bamberg County, it is crucial to consult with a qualified South Carolina DUI attorney to protect your rights and explore all available options. Time is of the essence, so act quickly!