Possibly one of the more difficult consequences of a DUI arrest or conviction is a suspended driver’s license. When does a DUI suspend your license in SC? Does the arrest result in a suspension, or is your license suspended only if you are convicted of DUI?
A DUI arrest does not always result in a suspended license, but it might. Depending on your circumstances, there may be a way to get your license back without completing ADSAP, serving a suspension period, and paying reinstatement fees.
If you are charged with a DUI offense in SC, call a DUI defense attorney immediately and make sure they have all documents from your arrest.
If your license is suspended for a DUI arrest where you refused the breathalyzer or blew greater than .15, your attorney will have a strict 30-day deadline to file the paperwork that is necessary to get an implied consent hearing and to get you a temporary license while your attorney fights the suspension.
When does a DUI suspend your license in SC? How can you get your license back, and can you get a temporary license that allows you to get to work or school?
When Does a DUI Suspend Your License in SC?
A DUI conviction in SC will always result in a license suspension, while a DUI arrest may or may not result in a license suspension, depending on whether you refused the breathalyzer or if the result was greater than .15.
A DUI Conviction will Always suspend your license in SC
If you are convicted of DUI, your driver’s license will be suspended. If it is already suspended, you will be hit with a consecutive suspension that doesn’t begin until the previous suspension period ends.
The length of the license suspension will depend on whether your DUI conviction was for a first, second, third, fourth, or subsequent offense and the breathalyzer result. If you have two or more “serious” traffic offenses (for example, DUI or reckless driving) in addition to the DUI conviction, your license may be revoked for a period of five years.
This is just one of many reasons not to get a DUI conviction. If you are charged with DUI, do not delay and contact a DUI defense attorney as soon as possible.
A DUI Arrest Might suspend your license in sc
If you are arrested for DUI, that does not automatically result in a license suspension. If you refuse the breathalyzer or if you take the breathalyzer and the result is .15 or greater, you will receive an “implied consent suspension,” however.
Implied Consent/ Administrative Hearings
If you receive an implied consent license suspension following your DUI arrest, your attorney must file a request for an administrative hearing within 30 days of your arrest to challenge the suspension.
If you don’t request the administrative hearing within 30 days, your license suspension will stand, and you will be required to complete the ADSAP program and pay reinstatement fees before you regain your license.
Once you request the administrative hearing, you can go to the DMV and get a temporary license that allows you to drive until the implied consent hearing. Note that implied consent hearings are in the Administrative Law Court and are separate from your DUI case, which is in the criminal court.
You can lose the implied consent hearing, which means your license will still be suspended from the implied consent refusal or high breathalyzer result, and still win your DUI case. On the other hand, you can win the implied consent hearing and still get convicted of DUI in the criminal case – which will result in another license suspension, this one for the DUI conviction.
Can I Get a Temporary, Provisional, or Route Restricted Driver’s License in SC?
If your license is suspended, whether it is for an implied consent violation, a DUI conviction, or some other reason, you may be able to get a temporary license depending on your circumstances.
Temporary Alcohol License in SC
Once you request an implied consent hearing, you may be eligible for what is called a Temporary Alcohol License, or TAL. You can request a TAL after requesting an administrative hearing for:
- An implied consent violation;
- An implied consent under 21 violation;
- A breathalyzer result of greater than .15; or
- A breathalyzer result of greater than .02 if you are under 21 years old.
The TAL will allow you to drive until your implied consent hearing, after which either your license suspension will be rescinded (withdrawn) if you win at the hearing, or your suspension will continue if you lose at the hearing.
Provisional Driver’s License in SC
If your license is suspended because of a first offense DUI conviction and you meet the statutory requirements, including enrolling in the ADSAP program, you may be eligible for a six-month provisional license.
Route Restricted Driver’s License in SC
You may be eligible for a route restricted driver’s license if your license is suspended for certain offenses including implied consent violations or failure to stop for a blue light. You can only get a route restricted license in SC once in your lifetime, and it allows you to drive:
- To and from work or school;
- As necessary for work or school;
- To and from an ADSAP program; or
- To and from a court-ordered substance abuse program.
How Can I Get My License Back if It is Suspended in SC?
Once your suspension period is over, your license is not automatically reinstated. Before you can get your license back, you must:
- Ensure that the suspension period is over and there are no other, consecutive suspensions;
- Pay reinstatement fees for each suspension;
- And make sure that you have met all requirements for reinstatement like completion of ADSAP following a DUI conviction or implied consent suspension.
Whether you have just been arrested for a DUI offense or you are working on clearing up your license after a conviction, we want to help. Send us an email or call today for a free case review and consultation.
SC DUI Defense Lawyer in Myrtle Beach
Attorney Daniel A. Selwa is a DUI defense attorney who accepts cases in Myrtle Beach, Conway, Georgetown, and Horry County, SC.
If you have been arrested and charged with DUI in Myrtle Beach, call now at (843) 492-5449 or fill out our email contact form to speak with a SC DUI defense attorney today.