Pickens County License Hearing Guide

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

A DUI arrest in Pickens County, South Carolina, can have serious consequences, and one of the most immediate concerns is the potential suspension of your driver's license. This guide provides critical information about the administrative license suspension process, the crucial ALR (Administrative License Revocation) hearing, and what you need to do now to protect your ability to drive.

It's important to understand that there are two separate legal processes following a DUI arrest:

• Criminal Court: This deals with the actual DUI charge, potential jail time, fines, and other penalties.
• Administrative License Revocation (ALR) Hearing: This is a separate process handled by the South Carolina Department of Motor Vehicles (SCDMV) that determines whether your driver's license will be suspended. This is a civil matter, not a criminal one.

This guide focuses on the administrative process, specifically the ALR hearing, which is your best chance to fight the suspension of your license.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

This is the most important piece of information in this guide. You have only 15 days from the date of your DUI arrest to request an ALR hearing. Missing this deadline will result in an automatic suspension of your driver's license.

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

How to Request:

• Online: Visit the SCDMV website (www.scdmvonline.com – check the official SCDMV website for the exact ALR hearing request page) and look for the section on DUI administrative hearings.
• Phone: Contact the SCDMV at their customer service number (check the official SCDMV website for the most up-to-date number). Be prepared to provide your driver's license information and details about your arrest.
• Mail: Send a written request for an ALR hearing to the SCDMV office responsible for administrative hearings. Check the official SCDMV website for the correct mailing address. Your request should include your name, address, driver's license number, date of birth, and a clear statement that you are requesting an Administrative License Revocation (ALR) hearing to contest the suspension of your driver's license due to a DUI arrest. Include a copy of your DUI arrest paperwork if possible.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There are very limited exceptions to this rule, so don't delay!

Automatic License Suspension

Following a DUI arrest in Pickens County, your license may be automatically suspended before the ALR hearing, depending on the circumstances:

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 likely be suspended. The suspension period for a first offense varies depending on the specific circumstances and South Carolina law, but typically ranges from .
• Temporary Permit: The officer may have issued you a temporary driving permit. This permit is typically valid until your ALR hearing or until the date your suspension begins, whichever comes first. Pay close attention to the expiration date on the permit.

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. The suspension period for refusing testing is typically much longer than failing a test. Expect a suspension of for a first refusal.
• Implied Consent Law in South Carolina: South Carolina, like all 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 submit to testing can result in the automatic suspension of your license, regardless of whether you are ultimately convicted of DUI.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. Its sole purpose is to determine whether the SCDMV has sufficient grounds to suspend your driver's license.

• Separate from Criminal Court: The outcome of the ALR hearing does not determine the outcome of your criminal DUI case, and vice versa. You can win the ALR hearing and still be found guilty in criminal court, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will review the evidence to determine if the arresting officer had probable cause to arrest you for DUI, and whether you were driving with a BAC of 0.08% or higher (if you took the test) or whether you refused to submit to 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 show "preponderance of the evidence" (more likely than not) that the suspension is justified, rather than "beyond a reasonable doubt" required in criminal court.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), or any documentation that might challenge the officer's account of the events.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Pickens County can be invaluable. They understand the specific procedures and nuances of ALR hearings and can present your case effectively. They can also cross-examine witnesses and challenge the evidence presented by the SCDMV.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered the field sobriety tests.
• Whether the breathalyzer machine was properly calibrated and maintained.
• Whether the blood test was properly handled and analyzed.
• Whether you were properly informed of your rights regarding implied consent.

Possible Outcomes

• Suspension Upheld: If the hearing officer determines that the SCDMV has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer determines 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, which allows you to drive under specific circumstances (e.g., to and from work, school, or medical appointments).

Hardship/Restricted License in South Carolina

Even if your license is suspended, you may be eligible for a restricted or hardship license.

• Eligibility Requirements: The eligibility requirements vary depending on the specific circumstances of your case and the length of your suspension. Generally, you must demonstrate a need to drive for essential purposes, such as employment, education, or medical treatment.
• What You Can Drive For: A restricted license typically allows you to drive only to and from work, school, medical appointments, and other essential locations.
• Costs and Application Process: There are fees associated with applying for a restricted license. Contact the SCDMV for the most up-to-date information on fees and the application process.
• IID Requirement: In some cases, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license. An IID requires you to blow into a device before starting your car to ensure you are not under the influence of alcohol.

Getting Your License Back

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

After Criminal Case Concludes

• Reinstatement Requirements: The specific requirements for reinstatement vary depending on the outcome of your criminal case and the terms of your suspension. You will typically need to pay a reinstatement fee.
• Fees: The reinstatement fee amount varies; contact the SCDMV for the current fee schedule.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period of time.
• Classes/Programs that Must Be Completed: You may be required to complete a DUI education program or alcohol and drug safety action program (ADSAP) before your license can be reinstated.

Pickens County DMV Offices

It is crucial to verify the hours of operation before visiting any DMV office, as they can change.

[Note: Replace the following with the actual addresses and hours of operation for Pickens County DMV offices. This information can be found on the SCDMV website.]

• Pickens SCDMV Branch: , [Hours of Operation]
• Easley SCDMV Branch: , [Hours of Operation]
• Liberty SCDMV Branch: , [Hours of Operation]

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required for a restricted license or as a condition of license reinstatement.
• Alcohol and Drug Safety Action Program (ADSAP): Completion of ADSAP is often required for license reinstatement after a DUI conviction. Contact the SCDMV or ADSAP provider for more information.
• Occupational License: South Carolina may offer an occupational license in limited circumstances, but this is less common than a restricted license.

Disclaimer: This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Pickens County, South Carolina, to discuss the specific details of your case and to protect your legal rights. The laws and procedures related to DUI and license suspension are subject to change. Always refer to the official South Carolina Department of Motor Vehicles (SCDMV) website for the most up-to-date information.