Clarendon County License Hearing Guide

Clarendon County DUI License Suspension & ALR Hearing: What You Need to Know NOW

Being arrested for a DUI in Clarendon County, South Carolina is a stressful and frightening experience. One of the most immediate concerns is the potential loss of your driving privileges. It's crucial to understand that a DUI arrest triggers two separate legal processes: a criminal case and an administrative process related to your driver's license. This guide focuses on the administrative process, specifically the license suspension and the Administrative License Revocation (ALR) hearing.

This is not legal advice. If you have been arrested for DUI, you should consult with a qualified South Carolina DUI attorney as soon as possible.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

After a DUI arrest in Clarendon County, you have a very limited window of opportunity to challenge the potential suspension of your driver's license. You MUST request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. Missing this deadline results in an automatic suspension of your license.

Where to Request Your ALR Hearing:

You must request your hearing from the South Carolina Department of Motor Vehicles (SCDMV).

How to Request Your ALR Hearing:

While the SCDMV website should provide the most up-to-date methods, here are the general options:

• Online: Check the SCDMV website (scdmvonline.com) for an online request form. This is often the fastest and most convenient method.
• Phone: Contact the SCDMV's hearing request line. You can find the number on their website. Be prepared to provide your driver's license information and details about your DUI arrest.
• Mail: Send a written request to the SCDMV's address for ALR hearing requests. This address will be available on the SCDMV website. Your request should clearly state that you are requesting an ALR hearing related to your DUI arrest in Clarendon County and include your full name, date of birth, driver's license number, and the date of your arrest. It is highly recommended to send this request via certified mail with return receipt requested to ensure proof of delivery.

What Happens if You Miss the 15-Day Deadline?

If you fail to request an ALR hearing within 15 days of your DUI arrest, your South Carolina driver's license will be automatically suspended. This suspension will remain in effect until the specified period has passed, and you have met all reinstatement requirements. Don't let this happen to you! Act immediately.

Automatic License Suspension

The SCDMV can suspend your license automatically based on the circumstances of your DUI arrest. There are two main scenarios that trigger this automatic suspension: failing a breath/blood test or refusing to take the test.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol concentration (BAC) was 0.08% or higher, the SCDMV will suspend your license. The length of the suspension varies, but it is typically a suspension of six months for a first offense.
• Temporary Permit: After your arrest, you likely received a temporary driving permit. This permit is valid until your ALR hearing or until the date your suspension officially begins, whichever comes first.

If You Refused Testing

Refusing to submit to a breath, blood, or urine test after a lawful DUI arrest carries a much harsher penalty than failing the test.

• Refusal Penalty: In South Carolina, refusing to take a breathalyzer or blood test results in an automatic license suspension of at least six months. This suspension is longer than the suspension for failing the test.
• Implied Consent Law in South Carolina: South Carolina, like all states, has an "implied consent" law. This law states that 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 has serious consequences.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a crucial opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: The ALR hearing is a completely separate proceeding from your criminal DUI case. The outcome of the ALR hearing does not directly affect the outcome of your criminal case, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the SCDMV has sufficient evidence to justify suspending your driver's license.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than the "beyond a reasonable doubt" standard required in a criminal trial. The SCDMV only needs to show that it is more likely than not that you were driving under the influence.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, or any other documentation that contradicts the police officer's account of the events.

• Consider Hiring a DUI Attorney: A skilled South Carolina DUI attorney can provide invaluable assistance in preparing for your ALR hearing. They understand the law, the procedures, and the potential arguments that can be made on your behalf. They can also represent you at the hearing.

• Understand What You Can Challenge: You can challenge various aspects of the state's case, including:

• Whether the police officer had reasonable suspicion to stop you.

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

• Whether the breathalyzer or blood test was administered correctly.

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

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the SCDMV has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the SCDMV has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: Even if your suspension is upheld, you may be eligible for a restricted or hardship license, which allows you to drive under certain circumstances (e.g., to work, school, or medical appointments).

Hardship/Restricted License in South Carolina

Even if your license is suspended, you might be able to obtain a restricted or hardship license in South Carolina.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and the specific circumstances of your case. Generally, you must demonstrate a genuine need to drive, such as for work, school, or medical appointments.
• What You Can Drive For: A restricted license typically limits when and where you can drive. For example, you might only be allowed to drive to and from work, school, or medical appointments.
• Costs and Application Process: The application process for a restricted license involves submitting an application to the SCDMV and paying a fee.
• IID Requirement: In some cases, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Restoring your driving privileges after a DUI suspension involves several steps.

After Criminal Case Concludes

The requirements for reinstatement depend on the outcome of your criminal case and the length of your suspension.

• Reinstatement Requirements: Typically, you must:

• Serve the full suspension period.

• Pay a reinstatement fee to the SCDMV.

• Provide proof of SR-22 insurance (a certificate of financial responsibility).

• Complete any required DUI education or treatment programs.

• Fees: Reinstatement fees vary, so check with the SCDMV for the current amount.

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

• Classes/Programs That Must Be Completed: Depending on the circumstances of your DUI, you may be required to complete a DUI education or treatment program.

Clarendon County DMV Offices

[This section will be populated when courthouse and impound lot data is available.]

While specific addresses and hours are not yet available, you can find the nearest SCDMV office and their contact information on the SCDMV website: scdmvonline.com. Check the website for the most up-to-date information.

Special Programs

• Ignition Interlock Device Program: South Carolina requires IIDs for certain DUI offenders, especially those with high BAC levels or repeat offenses.
• Occupational License: South Carolina doesn't have a specific "occupational license," but the hardship license can often serve the same purpose, allowing driving for work purposes.
• State-Specific Programs: Check with the SCDMV and a qualified DUI attorney for information on any other specific programs that may be available to you based on your individual circumstances.

Don't delay! Contact a Clarendon County DUI attorney today to protect your rights and your driving privileges.