Florence County License Hearing Guide

Florence County DUI License Suspension & ALR Hearing

You've just been arrested for DUI in Florence County, South Carolina. This is a stressful and confusing time. One of the most immediate concerns is your driver's license. It's crucial to understand that your license can be suspended before your criminal case even goes to court. This is due to a separate administrative process handled by the South Carolina Department of Motor Vehicles (SCDMV), independent of any criminal penalties you might face. This guide will explain the Administrative License Revocation (ALR) hearing process and what you need to do now to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You only have 15 days from the date of your DUI arrest to request an ALR hearing. This is a hard deadline, and missing it will result in an automatic suspension of your driver's license. Don't delay!

Where to Request: South Carolina Department of Motor Vehicles (SCDMV)

How to Request:

• Online: Check the SCDMV website (www.scdmvonline.com) for information and forms to request an ALR hearing electronically.
• Mail: You can download the necessary forms from the SCDMV website and mail them to the designated address. It's highly recommended to send it via certified mail with return receipt requested to prove you submitted it on time.
• In Person: Visit your local SCDMV office (see list below) and submit the request in person.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your license will be automatically suspended, regardless of the outcome of your criminal case. This means you will be unable to legally drive in South Carolina until the suspension period is over and you meet all reinstatement requirements.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be automatically suspended depending on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol concentration (BAC) was 0.08% or higher, your license will be suspended. The length of the suspension varies based on prior offenses and the BAC level. You'll likely face a suspension period ranging from several months to a year for a first offense.
• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you should have received a temporary driving permit. This permit is valid for a limited time, usually until your ALR hearing or until the date your suspension officially begins if you don't request a hearing, or if your license is suspended after the hearing.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test after being arrested for DUI carries a much harsher penalty than failing the test. In South Carolina, refusing to take the test will result in a longer license suspension.
• Implied Consent Law in South Carolina: By driving in South Carolina, you have given your "implied consent" to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this implied consent law carries significant consequences.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It's conducted by the SCDMV and focuses solely on whether your driver's license should be suspended.

• Separate From Criminal Court: The outcome of the ALR hearing does not determine your guilt or innocence in the criminal DUI case. You can lose your license at the ALR hearing even if you are later found not guilty in criminal court, and vice-versa.
• Decide if License Suspension is Warranted: The hearing officer will determine if the arresting officer had probable cause to believe you were driving under the influence and whether you were lawfully arrested.
• Lower Burden of Proof Than Criminal Trial: The burden of proof at 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 warranted.

How to Prepare

Proper preparation for your ALR hearing is crucial to maximizing your chances of keeping your license.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), or any other information that challenges the officer's account of the events.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in South Carolina law can provide invaluable assistance in preparing for your ALR hearing. They can help you understand your rights, gather evidence, and present a strong defense. They understand the specific legal arguments relevant to ALR hearings.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the officer had probable cause to stop you.
• Whether the field sobriety tests were administered correctly.
• Whether the breathalyzer machine was properly calibrated.
• Whether you were properly informed of your rights regarding chemical testing.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds sufficient evidence to support the suspension, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the evidence is insufficient or that proper procedures were not followed, your license suspension will be overturned, and you will retain your driving privileges.
• Restricted/Hardship License Granted: In some cases, even if your license is suspended, you may be eligible for a restricted or hardship license that allows you to drive for specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in South Carolina

Even with a suspended license, you may be able to obtain a restricted or hardship license, allowing you to drive for essential purposes.

• Eligibility Requirements: Eligibility requirements vary, but generally, you must demonstrate a need to drive for work, school, medical appointments, or other essential activities. You may also need to complete a portion of your suspension period before becoming eligible.
• What You Can Drive For: A restricted license typically specifies the times, locations, and purposes for which you are allowed to drive.
• Costs and Application Process: The application process involves submitting an application to the SCDMV and paying a fee.
• IID Requirement: South Carolina often requires an Ignition Interlock Device (IID) as a condition of a restricted license, particularly for repeat offenders or those with high BAC levels.

Getting Your License Back

Once your suspension period is over, you must take steps to reinstate your license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include paying a reinstatement fee, providing proof of SR-22 insurance, and completing any required DUI education or treatment programs.
• Fees: Reinstatement fees vary.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the SCDMV to verify that you have liability insurance coverage.
• Classes/Programs That Must Be Completed: The SCDMV may require you to complete a DUI Alcohol and Drug Safety Action Program (ADSAP) before reinstating your license.

Florence County DMV Offices

Here are some local SCDMV offices in and around Florence County where you can obtain information or submit paperwork:

• (Check SCDMV website for up-to-date locations and hours. Provide at least 3 locations)

Special Programs

• Ignition Interlock Device Program: As mentioned, South Carolina uses an IID program.
• Occupational License: (Research and add information if applicable).

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. It is essential to consult with a qualified DUI attorney in Florence County, South Carolina, to discuss your specific situation and legal options. Laws and procedures can change, so it's crucial to get up-to-date information.