Union County License Hearing Guide

Union County DUI License Suspension & ALR Hearing

Losing your driver's license after a DUI arrest in Union County, South Carolina, can significantly impact your life. You need to act fast to protect your driving privileges. This guide provides critical information about the Administrative License Revocation (ALR) hearing process and what you need to do immediately following your DUI arrest.

It's important to understand that the DUI process in South Carolina involves two separate legal tracks:

• Criminal Court: This deals with the DUI charge itself, potential fines, jail time, and other penalties.
• Administrative License Revocation (ALR) Hearing: This is a civil proceeding handled by the South Carolina Department of Motor Vehicles (SCDMV) that determines whether your driver's license will be suspended independent of the criminal case.

This guide focuses on the ALR process and how to navigate it to potentially save your license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following your DUI arrest in Union County, you have an extremely limited window to request an ALR hearing to challenge the suspension of your driver's license. You must request this hearing within 15 days of your arrest. Missing this deadline results in automatic license suspension. No exceptions.

Where to Request:

The hearing request must be submitted to the South Carolina Department of Motor Vehicles (SCDMV).

How to Request:

You can request the hearing online, by phone, or by mail:

• Online: Visit the SCDMV website. Look for the section on DUI and ALR hearings. Instructions and online forms should be available there.
• Phone: Contact the SCDMV's dedicated DUI/ALR hearing department. The specific phone number should be listed on the paperwork you received during your arrest, or you can find it on the SCDMV website.
• Mail: Send a written request to the address specified on your arrest paperwork or on the SCDMV website. Your request must include:
• Your full name
• Your driver's license number
• Your date of birth
• The date of your arrest
• The arresting officer's name and law enforcement agency
• A clear statement that you are requesting an ALR hearing to contest the suspension of your license.

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 are very few exceptions to this rule, so act immediately. Don't delay!

Automatic License Suspension

The SCDMV will automatically suspend your license under certain circumstances following a DUI arrest. The length of the suspension depends on whether you took a breath/blood test and, if so, what the results were.

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. The suspension period is [Suspension Period - This varies and needs to be filled in with accurate SC law].

You may have been issued a temporary driving permit at the time of your arrest. This permit is typically valid until the ALR hearing or the date your suspension begins, whichever comes first. Keep this permit with you while driving during this period.

If You Refused Testing

Refusing to submit to a breath or blood test carries a significantly harsher penalty in South Carolina. If you refused testing, your license will be suspended for a longer period than if you failed a test. The refusal penalty is [Suspension Period - This varies and needs to be filled in with accurate SC law].

Implied Consent Law in South Carolina:

South Carolina has 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 administrative penalties, including license suspension, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to challenge the suspension of your driver's license. It's a separate proceeding from the criminal court case and has its own rules and procedures.

What It Is

The ALR hearing is an administrative hearing conducted by the SCDMV. The purpose of the hearing is to determine whether the SCDMV had sufficient legal grounds to suspend your driver's license following your DUI arrest. The burden of proof in an ALR hearing is lower than in a criminal trial. The SCDMV only needs to prove by a preponderance of the evidence (more likely than not) that the suspension is warranted.

How to Prepare

Proper preparation is critical to a successful ALR hearing. Here are some steps you should take:

• Gather Evidence: Collect any evidence that supports your case. This may include witness statements, dashcam footage, receipts, or any other documentation that challenges the basis for the suspension.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in South Carolina law can provide invaluable assistance in preparing for and representing you at the ALR hearing. They can help you understand the law, gather evidence, and present your case effectively.
• Understand What You Can Challenge: You can challenge several aspects of the suspension at the ALR hearing, 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 Miranda rights.
• Whether the breath/blood test was properly administered and the results were accurate.
• Whether you actually refused the breath/blood test (if applicable).

Possible Outcomes

The ALR hearing can have one of three primary outcomes:

• Suspension Upheld: The hearing officer determines that the SCDMV had sufficient legal grounds to suspend your license.
• Suspension Overturned: The hearing officer determines that the SCDMV did not have sufficient legal grounds to suspend your license, and your license is reinstated.
• Restricted/Hardship License Granted: The hearing officer may grant you a restricted or hardship license, allowing you to drive under specific circumstances, such as for 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 in South Carolina. This allows you to drive for essential purposes while your full license is suspended.

• Eligibility Requirements: [List eligibility requirements for restricted/hardship license in SC. This needs accurate SC law].
• What You Can Drive For: Typically, restricted licenses allow driving for work, school, medical appointments, and court-ordered obligations.
• Costs and Application Process: [List costs and application process for restricted/hardship license in SC. This needs accurate SC law].
• IID Requirement: [State whether an Ignition Interlock Device (IID) is required for a restricted license in SC and under what circumstances. This needs accurate SC law].

Getting Your License Back

Even if you're facing a suspension, it's important to know the steps to get your license reinstated.

After Criminal Case Concludes

The process for reinstating your license depends on the outcome of your criminal DUI case and the terms of your suspension.

• Reinstatement Requirements: [List reinstatement requirements in SC, including any fees, forms, and waiting periods. This needs accurate SC law].
• Fees: [List specific reinstatement fees. This needs accurate SC law].
• SR-22 Insurance Requirement: [State whether SR-22 insurance is required for reinstatement and for how long. This needs accurate SC law].
• Classes/Programs That Must Be Completed: [List any required DUI education programs, alcohol counseling, or other classes you must complete before your license can be reinstated. This needs accurate SC law].

Union County DMV Offices

Unfortunately, there are no DMV offices located directly within the city limits of Union, SC. You will need to travel to a nearby town. You can find the most up-to-date information and locations on the SCDMV website (scdmvonline.com). Here are some nearby options:

• [Nearest DMV Office 1 Name]: , [City, SC] [Hours of Operation]
• [Nearest DMV Office 2 Name]: , [City, SC] [Hours of Operation]
• [Nearest DMV Office 3 Name]: , [City, SC] [Hours of Operation]

Please verify hours and services offered before visiting.

Special Programs

• Ignition Interlock Device (IID) Program: [Describe the IID program in SC, including requirements, costs, and eligibility. This needs accurate SC law].
• Occupational License: [Describe the occupational license program in SC, including requirements, costs, and eligibility. This needs accurate SC law].
• [Any Other State-Specific Programs]: [Describe any other relevant programs available in SC].

This information is for general guidance only and should not be considered legal advice. It is crucial to consult with a qualified DUI attorney in Union County, South Carolina, to discuss the specific facts of your case and protect your rights. Don't delay – the 15-day deadline is fast approaching!