Horry County License Hearing Guide

Horry County DUI License Suspension & ALR Hearing: Save Your License!

Being arrested for DUI in Horry County, South Carolina, is a stressful and confusing experience. One of the most immediate concerns is your driver's license. You need to act fast to protect your driving privileges. This guide will walk you through the process of license suspension and the Administrative License Revocation (ALR) hearing, providing you with the critical information you need to navigate this challenging situation.

It's important to understand that a DUI arrest triggers two separate legal processes:

• Criminal Court: This deals with the DUI charge itself, and potential penalties like fines, jail time, and a criminal record.
• Administrative License Revocation (ALR) Hearing: This is a separate administrative process handled by the South Carolina Department of Motor Vehicles (SCDMV) and focuses solely on your driving privileges. Even if you are found "not guilty" in criminal court, your license can still be suspended through the ALR process.

This guide focuses on the ALR process and how to fight for your right to drive.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your DUI arrest to request an ALR hearing. This is a strict deadline. Missing it means your license will be automatically suspended, regardless of the outcome of your criminal case.

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

How to Request:

• Online: Visit the SCDMV website ([Search for "SC DMV ALR Hearing Request" - insert actual link here when available]). Look for a section on requesting an administrative hearing for a DUI.
• Phone: Contact the SCDMV at their designated hearing request number (Check SCDMV website for the current number - insert number here when available). Be prepared to provide your driver's license information and details about your arrest.
• Mail: Send a written request to the SCDMV ALR Hearing Department (Check SCDMV website for the address - insert address here when available). Your request should include your full name, driver's license number, date of birth, the date of your arrest, and a clear statement that you are requesting an ALR hearing to contest the suspension of your driver's license. Certified mail with return receipt requested is highly recommended to prove your request was received on time.

What Happens If You Miss the Deadline?

If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. There is very little you can do to reverse this once the deadline has passed. Don't risk it! Act immediately.

Automatic License Suspension

Even if you request an ALR hearing, your license might be automatically suspended before the hearing takes place, depending on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, your license will be suspended.

• BAC over 0.08: In South Carolina, if your BAC was 0.08 or higher, your license will be suspended for a period determined by the SCDMV. The specific duration varies based on factors like prior DUI offenses. Consult with a DUI attorney for precise details regarding the length of suspension you may face.
• Temporary Permit: You may have been issued a temporary driving permit at the time of your arrest. This permit is typically valid until your ALR hearing or until the date your suspension is scheduled to begin, whichever comes first.

If You Refused Testing

Refusing to submit to a breath, blood, or urine test carries a much harsher penalty in South Carolina.

• Refusal Penalty: Refusing to take the test automatically triggers a longer license suspension than if you had taken the test and failed.
• Implied Consent Law in South Carolina: South Carolina, like most states, has an implied consent law. This means that by driving on South Carolina roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this law carries significant consequences.

The ALR/Administrative Hearing

Understanding the ALR hearing process is crucial to protecting your driving privileges.

What It Is

The ALR hearing is not a criminal trial. It's an administrative hearing conducted by the SCDMV. Its sole purpose is to determine whether or not your driver's license should be suspended as a result of your DUI arrest.

• Separate from Criminal Court: As mentioned earlier, the ALR hearing is entirely separate from your criminal case. The outcome of the ALR hearing does not automatically determine the outcome of your criminal case, and vice versa.
• Decides if License Suspension is Warranted: The hearing officer will review the evidence presented and decide whether the state has sufficient grounds to suspend your license.
• Lower Burden of Proof than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The state only needs to show by a "preponderance of the evidence" (more likely than not) that you were driving under the influence. In a criminal trial, the state must prove your guilt "beyond a reasonable doubt."

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This could include:
• Witness statements
• Dashcam footage or other video evidence
• Photos of the scene
• Medical records (if applicable)
• Consider Hiring a DUI Attorney: A DUI attorney specializing in South Carolina law can provide invaluable assistance. They can:
• Investigate your case
• Gather evidence
• Represent you at the ALR hearing
• Negotiate with the SCDMV
• Advise you on your legal options
• Understand What You Can Challenge: Common challenges in ALR hearings include:
• The legality of the initial traffic stop
• The administration of the breath or blood test
• Whether you were properly informed of your implied consent rights
• The accuracy of the testing equipment

Possible Outcomes

The hearing officer will issue a decision after the hearing. The possible outcomes are:

• Suspension Upheld: The hearing officer finds that the state has met its burden of proof, and your license suspension is upheld.
• Suspension Overturned: The hearing officer finds that the state has failed to meet its burden of proof, and your license is not suspended.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive under specific circumstances.

Hardship/Restricted License in South Carolina

Even with a suspended license, you may be eligible for a restricted or hardship license in South Carolina. This allows you to drive under specific circumstances, such as for work, school, or medical appointments.

• Eligibility Requirements: Requirements vary depending on the reason for the suspension and your prior driving record.
• What You Can Drive For: Typically, restricted licenses allow driving for:
• Work
• School
• Medical appointments
• Court-ordered obligations
• Costs and Application Process: There are fees associated with applying for a restricted license. The application process involves submitting documentation to the SCDMV. Check the SCDMV website for specific instructions and required forms.
• IID Requirement: Depending on the circumstances of your DUI and any prior offenses, 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

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

The requirements for reinstatement may depend on the outcome of your criminal case. However, regardless of the criminal case outcome, you will likely need to meet the following requirements after the suspension period:

• Reinstatement Requirements:
• Pay all reinstatement fees
• Complete any required DUI education programs or alcohol treatment
• Provide proof of SR-22 insurance (see below)
• Fees: Reinstatement fees vary and are payable to the SCDMV.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility. This indicates to the state that you have the minimum required liability insurance coverage.
• Classes/Programs That Must Be Completed: The court or the SCDMV may require you to complete DUI education programs or alcohol treatment as a condition of reinstatement.

Horry County DMV Offices

Here are some Horry County SCDMV offices where you may need to conduct business:

• Myrtle Beach SCDMV:
• Conway SCDMV:
• North Myrtle Beach SCDMV:

Always verify the most up-to-date information, including hours of operation, directly with the SCDMV.

Special Programs

• Ignition Interlock Device Program: As mentioned earlier, South Carolina has an IID program that may be required for restricted licenses or as a condition of license reinstatement after a DUI conviction.
• Occupational License: (Check if South Carolina offers occupational licenses and details here).
• Alcohol and Drug Safety Action Program (ADSAP): This is a state-mandated program for individuals convicted of DUI. Completion of ADSAP is often required for license reinstatement.

This guide provides general information about DUI license suspension and ALR hearings in Horry County, South Carolina. It is not intended as legal advice. If you have been arrested for DUI, it is strongly recommended that you consult with a qualified DUI attorney as soon as possible. They can assess your case, advise you on your legal options, and represent you in court and at the ALR hearing. Time is of the essence!