Lexington County License Hearing Guide

Lexington County DUI License Suspension & ALR Hearing: Act Fast to Protect Your Driving Privileges!

Being arrested for a DUI in Lexington County, South Carolina, can be a frightening and confusing experience. One of the most immediate concerns is what will happen to your driver's license. It's crucial to understand that there are two separate legal processes involved: a criminal case and an administrative case related to your license. This guide focuses on the administrative side, specifically your license suspension and the process to challenge it through an Administrative License Revocation (ALR) hearing. Time is of the essence!

Your License After a DUI Arrest in Lexington County

After a DUI arrest in Lexington County, your license is immediately at risk. The arresting officer likely confiscated your physical license and issued you a temporary driving permit. This temporary permit is only valid for a limited time. The South Carolina Department of Motor Vehicles (SCDMV) will independently review your case to determine if your license should be suspended. This process is entirely separate from the criminal charges you face in court. Even if you are eventually found not guilty in criminal court, your license could still be suspended administratively. Understanding this distinction is vital.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important information you need to know: You have only 15 days from the date of your arrest to request an ALR hearing. This hearing is your opportunity to challenge the potential suspension of your driver's license. Missing this deadline will result in an automatic suspension.

• Where to request: You must request the hearing from the South Carolina Department of Motor Vehicles (SCDMV).

• How to request: Unfortunately, South Carolina does not typically offer online or phone options for requesting an ALR hearing. The most reliable method is to send a written request via certified mail, return receipt requested, to the SCDMV. This provides you with proof that your request was received within the 15-day deadline. Your request should include:

• Your full name

• Your date of birth

• Your driver's license number

• The date of your DUI arrest

• The arresting agency (e.g., Lexington County Sheriff's Department)

• A clear statement that you are requesting an ALR hearing to contest the suspension of your driver's license.

• Your current mailing address and phone number.

Send the request to the address provided on the temporary permit or the SCDMV website to ensure it reaches the correct department.

• What happens if you miss the deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended. There are very few exceptions to this rule, so acting quickly is paramount.

Automatic License Suspension

The grounds for automatic license suspension after a DUI arrest in Lexington County depend on whether you took a breath or blood test and what the results were.

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. The length of the suspension varies depending on whether this is your first offense and other factors. You should expect a suspension of at least six months for a first offense.

• Temporary permit valid until hearing or suspension begins: As mentioned earlier, the temporary permit issued to you at the time of your arrest is only valid for a limited time, usually around 30 days. It remains valid until the date of your ALR hearing (if you requested one) or until the date your suspension officially begins if you didn't request a hearing or the hearing was not in your favor.

If You Refused Testing

• Refusal penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty than failing the test. In South Carolina, refusing a breathalyzer test will result in an automatic license suspension of at least six months, even for a first offense. This suspension is often longer than the suspension for failing the test.

• Implied consent law in South Carolina: South Carolina, like most states, operates under an "implied consent" law. This means that by driving on South Carolina roads, you have implicitly agreed to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusal to submit to testing can result in serious consequences, as outlined above.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a crucial opportunity to fight the suspension of your driver's license. It is a separate administrative proceeding conducted by the SCDMV, not the criminal court. The sole purpose of the hearing is to determine whether the SCDMV has sufficient evidence to justify suspending your license.

• Separate from criminal court: Remember, the outcome of the ALR hearing has no direct impact on your criminal case. You can win the ALR hearing and still be convicted of DUI in criminal court, and vice versa.

• Decide if license suspension is warranted: The hearing officer will review the evidence presented by the arresting officer and any evidence you present to determine if the suspension is justified.

• Lower burden of proof than criminal trial: The SCDMV only needs to show "probable cause" that you were driving under the influence, a lower standard than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather evidence (witness statements, video, etc.): If you have any evidence that could support your case, such as witness statements, dashcam footage, or medical records, gather it and bring it to the hearing.

• Consider hiring a DUI attorney: A DUI attorney experienced in Lexington County can be invaluable in navigating the ALR hearing process. They understand the procedures, can effectively cross-examine witnesses, and can present your case in the most persuasive manner.

• 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 breathalyzer machine was properly calibrated and maintained.

• Whether the officer properly administered the breathalyzer test.

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

Possible Outcomes

The hearing officer will make a decision based on the evidence presented.

• Suspension upheld: If the hearing officer finds that the SCDMV has sufficient evidence to justify the suspension, your license will be suspended.

• Suspension overturned: If the hearing officer finds that the SCDMV does not have sufficient evidence, the suspension will be overturned, and your license will be reinstated.

• 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 for specific purposes, such as work or school.

Hardship/Restricted License in South Carolina

South Carolina allows for restricted or hardship licenses under certain circumstances.

• Eligibility requirements: Generally, you must demonstrate a genuine need to drive for work, school, medical appointments, or other essential purposes. You typically must also complete a portion of your suspension period before becoming eligible.

• What you can drive for (work, school, medical): A restricted license typically limits you to driving to and from work, school, medical appointments, and other essential activities.

• Costs and application process: The application process involves submitting an application to the SCDMV and paying a fee.

• IID requirement: In some cases, especially for repeat offenders, 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

After your criminal case concludes and your suspension period ends (whether stemming from the ALR hearing or a criminal conviction), you will need to take steps to reinstate your license.

• Reinstatement requirements: Reinstatement typically involves paying a reinstatement fee to the SCDMV.

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

• SR-22 insurance requirement: You may be required to obtain SR-22 insurance, a certificate of financial responsibility, for a period of time after your DUI conviction. This indicates to the state that you have the required minimum liability insurance coverage.

• Classes/programs that must be completed: You may also be required to complete a DUI education program or other court-ordered classes before your license can be reinstated.

Lexington County DMV Offices

Here are some local SCDMV offices in Lexington County. It is always best to call ahead to confirm hours of operation and services offered.

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• Lexington SCDMV Branch: - [Hours] - Phone: [Phone Number]
• West Columbia SCDMV Branch: - [Hours] - Phone: [Phone Number]
• Irmo SCDMV Branch: - [Hours] - Phone: [Phone Number]

Special Programs

• Ignition Interlock Device Program: South Carolina utilizes IIDs for repeat offenders and sometimes as a condition for hardship licenses.

• Occupational License: South Carolina offers an occupational license in some circumstances, allowing individuals to drive for work-related purposes even during a suspension. Consult with a local attorney to determine if you qualify.

This guide provides general information and should not be considered legal advice. If you have been arrested for DUI in Lexington County, it is crucial to consult with a qualified DUI attorney as soon as possible to protect your rights and explore your legal options. Remember, the 15-day deadline to request an ALR hearing is critical. Don't delay!