Marlboro County License Hearing Guide

Marlboro County DUI License Suspension & ALR Hearing

A DUI arrest in Marlboro County, South Carolina, can be a frightening experience. Your immediate concern is likely your freedom and your future. However, don't overlook a critical aspect of the DUI process: your driver's license. This guide will walk you through the administrative process related to your license suspension, specifically the Administrative License Revocation (ALR) hearing, and provide crucial information to help you navigate this challenging time. Understanding these procedures is crucial to protecting your driving privileges. Remember, the clock is ticking!

Your License After a DUI Arrest in Marlboro County

It's important to understand that your DUI case involves two separate processes:

• Criminal Court: This deals with the charges against you, like driving under the influence, and potential penalties like fines, jail time, and a criminal record.

• Administrative License Revocation (ALR): This is a separate process handled by the South Carolina Department of Motor Vehicles (SCDMV) and deals solely with your driver's license. It determines whether your license will be suspended based on your Blood Alcohol Content (BAC) or refusal to take a breath or blood test.

This guide focuses on the ALR process and how to potentially avoid or minimize a license suspension.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Marlboro County, you have a very limited time to protect your driving privileges. You MUST request an ALR hearing within 15 days of your arrest. This is a crucial deadline; miss it, and your license will automatically be suspended.

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

• How to Request: While specific methods may vary, the SCDMV typically allows you to request a hearing:

• Online: Check the SCDMV website (www.scdmvonline.com) for instructions and online forms. Look for information related to DUI license suspensions and ALR hearings.

• By Mail: Send a written request to the SCDMV. Be sure to include your full name, address, date of birth, driver's license number, and the date of your DUI arrest. Clearly state that you are requesting an ALR hearing. Send it via certified mail with return receipt requested to ensure proof of delivery. You will need to find the exact address from the SCDMV website.

• By Phone: While less common, the SCDMV may allow you to request a hearing by phone. Contact the SCDMV customer service line (check their website for the current number) to inquire. If allowed, document the date, time, and name of the person you spoke with.

• 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. This suspension will take effect 30 days after your arrest. You will lose your driving privileges, potentially affecting your ability to work, attend school, or manage daily responsibilities. Do not miss this deadline.

Automatic License Suspension

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

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 suspension period will vary depending on whether this is your first offense and any aggravating factors. We suggest you contact a DUI attorney for the specific suspension period for your case.
• Temporary Permit: You may be issued a temporary driving permit that is typically valid until the ALR hearing or until the suspension officially begins (usually 30 days after the arrest). Be sure to carry this permit with you whenever you drive during this period.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries a significantly harsher penalty than failing the test. In South Carolina, refusing a test results in a longer license suspension than failing a test for a first offense. Again, we suggest you contact a DUI attorney for the specific suspension period for your case.
• Implied Consent Law in South Carolina: South Carolina, like most 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 can result in administrative penalties, even if you are ultimately acquitted of the DUI charge in criminal court.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It's a crucial step in the process and should be taken seriously.

What It Is

• Separate from Criminal Court: Remember, the ALR hearing is entirely separate from your criminal DUI 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 purpose of the ALR hearing is to determine whether the SCDMV had sufficient legal grounds to suspend your license.
• Lower Burden of Proof than Criminal Trial: The standard of proof in an ALR hearing is lower than in a criminal trial. The SCDMV only needs to show "probable cause" to believe you were driving under the influence, whereas in criminal court, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that could support your case. This might include:
• Witness statements (if anyone observed your driving or sobriety)
• Dashcam footage (if available)
• Medical records (if you have a condition that could mimic intoxication)
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Marlboro County can provide invaluable assistance. They understand the law, the procedures, and the arguments that are most likely to be successful in an ALR hearing. They can also represent you at the hearing, which can be a significant advantage.
• Understand What You Can Challenge: You can challenge several aspects of the case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly advised of your implied consent rights.
• Whether the breath/blood test was administered correctly.
• Whether the testing equipment was properly calibrated and maintained.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the SCDMV had sufficient grounds to suspend your license, the suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the SCDMV did not have sufficient grounds, 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 limited purposes.

Hardship/Restricted License in South Carolina

Even if your license is suspended, you may be eligible for a restricted or hardship license in South Carolina. This allows you to drive for essential purposes, such as work, school, or medical appointments.

• Eligibility Requirements: Eligibility requirements vary, but generally, you must demonstrate a genuine need to drive and meet certain other criteria.
• What You Can Drive For: Typically, a restricted license allows you to drive to and from work, school, medical appointments, and other essential activities.
• Costs and Application Process: You will need to apply for a restricted license through the SCDMV and pay the required fees. The application process may involve providing documentation to support your need for a restricted license.
• IID Requirement: Depending on the circumstances of your case, 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

• Reinstatement Requirements: You will need to meet specific requirements to reinstate your license, which may include:
• Paying reinstatement fees to the SCDMV.
• Completing any required DUI education or treatment programs.
• Providing proof of SR-22 insurance (a certificate of financial responsibility).
• Fees: Reinstatement fees vary depending on the length of the suspension and other factors.
• SR-22 Insurance Requirement: SR-22 insurance is a special type of insurance that your insurance company files with the SCDMV to certify that you have the required liability coverage.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or substance abuse treatment program as a condition of reinstatement.

Marlboro County DMV Offices

While specific branch information might change, here's how to find the most up-to-date information for Marlboro County:

• Visit the South Carolina Department of Motor Vehicles (SCDMV) website: www.scdmvonline.com
• Use their online branch locator tool to find the nearest DMV office, its address, phone number, and hours of operation. It is crucial to confirm the hours and services offered before visiting.

Special Programs

• Ignition Interlock Device Program: South Carolina has an IID program that may be required for certain DUI offenders, especially repeat offenders or those with high BAC levels.
• Occupational License: An occupational license may be available in certain circumstances, allowing you to drive for work-related purposes even if your license is suspended.
• Alcohol and Drug Safety Action Program (ADSAP): South Carolina requires DUI offenders to complete the ADSAP program.

This guide provides general information about DUI license suspensions and ALR hearings in Marlboro County, South Carolina. It is not a substitute for legal advice. It is strongly recommended that you consult with a qualified DUI attorney to discuss the specific facts of your case and protect your rights.