Kershaw County License Hearing Guide

Kershaw County DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

If you've just been arrested for DUI in Kershaw County, South Carolina, you're likely feeling overwhelmed and uncertain. It's crucial to understand that a DUI charge triggers two separate legal processes: a criminal case in the Kershaw County courts and an administrative action against your driver's license with the South Carolina Department of Motor Vehicles (SCDMV). This guide focuses on the administrative side, specifically your license suspension and the Administrative License Revocation (ALR) hearing process. Time is of the essence. You have a very short window to act to protect your driving privileges.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days!

This is the most important thing you need to know right now. Following a DUI arrest in Kershaw County, the SCDMV intends to suspend your driver's license. However, you have the right to challenge this suspension at an ALR hearing. To preserve this right, you MUST request a hearing within 15 days of your arrest.

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

How to Request:

• Online: Visit the SCDMV website (www.scdmvonline.com – always verify the exact URL as websites can change). Look for the section related to DUI or Administrative Hearings.
• Phone: Call the SCDMV's designated DUI/ALR hearing department. Find the current phone number on the SCDMV website. Be prepared to provide your name, driver's license number, date of birth, and details about your arrest.
• Mail: Send a written request to the SCDMV's ALR hearing department. Include the following information:
• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• The date of your DUI arrest
• The name of the arresting officer and law enforcement agency (e.g., Kershaw County Sheriff's Department, South Carolina Highway Patrol)
• A clear statement that you are requesting an Administrative License Revocation (ALR) hearing to challenge the suspension of your driver's license.

Mail it to the address listed on the SCDMV website for ALR hearing requests. Certified mail with return receipt requested is highly recommended.

What Happens If You Miss the Deadline?

If you fail to request an ALR hearing within 15 days of your DUI arrest, your driver's license will be automatically suspended. There are very limited exceptions to this rule, so it's vital to act quickly. Do not delay!

Automatic License Suspension

Even if you request an ALR hearing, your license may still be automatically suspended pending the outcome of that hearing. The grounds for automatic suspension depend on whether you took a breath/blood test and, if so, the results.

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 suspension period for a first offense is generally six months, but this can vary based on specific circumstances.

• Temporary Permit: Following your arrest, the officer likely issued you a temporary driving permit. This permit is typically valid until your ALR hearing or until the suspension officially begins, whichever comes first. Pay close attention to the expiration date on the temporary permit.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test after a lawful DUI arrest carries a significantly harsher penalty than failing the test. In South Carolina, a refusal typically results in a six-month license suspension for a first refusal.

• Implied Consent Law in South Carolina: South Carolina, like all states, has an "implied consent" law. This law means that by driving on South Carolina roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing carries its own penalties, separate from any criminal charges.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate proceeding from your criminal DUI case. It is conducted by the SCDMV and its sole purpose is to determine whether the suspension of your driver's license is warranted. It is not a criminal trial.

• 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 acquitted of the DUI charge in criminal court.

• Decides If License Suspension Is Warranted: The hearing officer will review the evidence presented and determine if there was probable cause for your arrest and whether your BAC was over the legal limit (if a test was taken) or if you refused testing.

• 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 prove its case by a "preponderance of the evidence," meaning it is more likely than not that the facts support the suspension.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

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

• Witness statements: Statements from anyone who can attest to your sobriety before your arrest.

• Video evidence: Dashcam footage or surveillance video that might contradict the police officer's account.

• Medical records: If you have a medical condition that could affect your BAC reading, gather relevant medical documentation.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Kershaw County can be invaluable in navigating the ALR hearing process. They can help you gather evidence, prepare your case, and represent you at the hearing. While you can represent yourself, the complexities of DUI law and procedure often make legal representation a wise investment.

• Understand What You Can Challenge: Common challenges at an ALR hearing include:

• Lack of probable cause for the initial traffic stop.

• Improper administration of the breath/blood test.

• Errors in the police report.

• Challenges to the accuracy of the breathalyzer machine.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the SCDMV has proven its case, 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: In some cases, even if the 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

Even if your license is suspended after the ALR hearing, you might be eligible for a restricted license to drive to work, school, or medical appointments.

• Eligibility Requirements: You must typically serve a portion of your suspension before being eligible for a restricted license. There may also be requirements related to alcohol education programs or substance abuse treatment.

• What You Can Drive For: Restricted licenses typically allow driving only for essential purposes, such as:

• Work

• School

• Medical appointments

• Alcohol and drug abuse treatment programs

• Costs and Application Process: The application process for a restricted license involves submitting an application to the SCDMV and paying a fee. Check the SCDMV website for the most up-to-date information on fees and procedures.

• IID Requirement: South Carolina may require the installation of an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license, especially for repeat offenders or those with high BAC levels.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

The outcome of your criminal DUI case can affect the reinstatement process.

• Reinstatement Requirements: Reinstatement typically involves:

• Paying a reinstatement fee to the SCDMV.

• Providing proof of SR-22 insurance (high-risk auto insurance).

• Completing any required alcohol education programs or substance abuse treatment.

• Fees: Reinstatement fees vary and are subject to change. Check the SCDMV website for current fee schedules.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the SCDMV for individuals convicted of certain traffic offenses, including DUI. It demonstrates that you have the minimum required auto insurance coverage.

• Classes/Programs That Must Be Completed: The court or the SCDMV may require you to complete an Alcohol and Drug Safety Action Program (ADSAP) or other alcohol education or treatment programs as a condition of reinstatement.

Kershaw County DMV Offices

Always confirm hours and services before visiting, as they are subject to change.

[Placeholder: Insert Local Kershaw County DMV/DPS office addresses and hours here. Use the SCDMV website or Google Maps to find accurate information. Include at least one office and preferably more if available.]

Example:

• Camden DMV Office: 123 Main Street, Camden, SC 29020. Hours: Monday-Friday, 8:30 AM - 5:00 PM.

Special Programs

• Ignition Interlock Device Program: South Carolina has an IID program for DUI offenders. The requirements and eligibility for this program vary depending on the circumstances of your case.

• Occupational License: In some situations, you might be able to obtain an occupational license, which allows you to drive for work purposes even if your license is suspended. Eligibility requirements are strict.

• Alcohol and Drug Safety Action Program (ADSAP): This is a state-mandated program for DUI offenders that includes education and, in some cases, treatment. Completion of ADSAP is often required for license reinstatement.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Kershaw County, South Carolina. It is not intended as legal advice. You should consult with a qualified DUI attorney for advice specific to your situation. The laws and procedures related to DUI and license suspensions are subject to change, so it is important to stay informed and seek professional guidance.