LICENSE SUSPENSION: South Carolina Implied Consent Law and DUI Arrest

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License Suspension: South Carolina Implied Consent Law and DUI Arrest

License Suspension?  South Carolina’s Implied Consent laws are separate from the criminal offense of DUI.  You do not have a right to drive, only the privilege provided by the state of South Carolina.  You have consented to certain laws simply by driving on a state maintained road in South Carolina.  If you violate any of these laws when you are arrested for DUI, SEPARATE penalties are imposed in addition to the pending DUI charge.  In other words, the license suspension is separate from the possible DUI conviction.  You also challenge the license suspension in a different court than your pending DUI charge.

If your license is suspended because of a DUI arrest, you need an experienced South Carolina DUI Attorney to defend your rights and your ability to drive.  We offer free and confidential consultations and are available 24 hours a day, 7 days a week.

Administrative Hearing / Contested Case Hearing – S.C. Code Section 56-5-2951(F)

  • A contested case hearing MUST be requested within 30 days from the issuance of the Notice of Suspension or it is waived.
  • Scope of the Hearing: The Department of Motor Vehicles must prove (1) that you were lawfully arrested or detained; (2) that you were given a copy and verbally informed of your implied consent rights; (3) that you refused to submit to a breath test; or (4) that you consented to the breath test; and (a) had an alcohol concentration 0.15% or more; (b) the test operator was qualified; (c) the breath sample was obtained pursuant to S.C. Code Section 56-5-2950; and (d) the Datamaster / breath test machine was working properly.
  • If your license suspension is sustained after the hearing on a first offense, you must serve the suspension and complete ADSAP.

DUI REFUSAL: Did Not Submit to DataMaster Breath Test

  • License Suspension Penalties
    • First offense       –  6 months suspension or Ignition Interlock Device IID for 6 months
    • Second offense  –  9 months suspension or Ignition Interlock Device IID for 9 months
    • Third offense     –  12 months suspension or Ignition Interlock Device IID for 12 months
    • Fourth offense   –  15 months suspension or Ignition Interlock Device IID for 15 months
      • Subsequent offenses are based on convictions within the last 10 years
  • Temporary Alcohol Restricted License
    • Available, but must have timely filed for a contested case hearing.
    • Cost $100
    • Valid until you receive the Order from the Administrative Law Court Hearing Officer.
  • Alcohol and Drug Safety Action Program – ADSAP
    • Required alcohol and/or drug counseling.
    • Cost $500 – $2,500
  • Ignition Interlock Device – IID
    • Can choose between license suspension or IID
    • 6 months
  • Route Restricted License
    • If the license suspension is upheld, you are eligible (only one available in a lifetime) to drive to the following places: Work; School; and ADSAP.
    • Cost: $100
    • Not valid in other states

DUI DATAMASTER BREATH TEST: BAC 0.15 or higher

  • License Suspension Penalties
    • First offense       –  1 month suspension or Ignition Interlock Device IID for 3 months
    • Second offense  –  2 months suspension or Ignition Interlock Device IID for 3 months
    • Third offense     –  3 months suspension or Ignition Interlock Device IID for 3 months
    • Fourth offense   –  4 months suspension or Ignition Interlock Device IID for 4 months
      • Subsequent offenses are based on convictions within the last 10 years
  • Temporary Alcohol Restricted License
    • Available, but must have timely filed for a contested case hearing.
    • Cost $100
    • Valid until you receive the Order from the Administrative Law Court Hearing Officer
  • Alcohol and Drug Safety Action Program – ADSAP
    • Required alcohol and/or drug counseling.
    • Cost $500 – $2,500
  • Ignition Interlock Device – IID
    • Can choose between license suspension or IID
    • Minimum of 3 months
  • Route Restricted License
    • If the license suspension is upheld, you are eligible (only one available in a lifetime) to drive to Work, School, and ADSAP classes.
    • Cost: $100
    • Not valid in other states

Contact the Michael Jeffcoat Firm to schedule a free, personalized, and confidential case review. Located at 4723-A Sunset Blvd, Lexington, SC 29072.

Resources:

WARNING: This Does Not Constitute Legal AdviceDo not rely on the accuracy of this information because laws are subject to change.  You are strongly encouraged to seek the advice of an attorney in any legal matter.  If you take action in your case without an attorney, it may negatively affect your legal rights.

DISCLAIMER:  This information does not create an attorney-client relationship.  The information provided in this document is not legal advice, cannot be cited as legal authority, and cannot replace the advice of an attorney in South Carolina.

Key Terms:

  • License Suspension
  • South Carolina DUI Attorney
  • South Carolina Criminal Defense Attorney
  • Lexington DUI Attorney
  • Columbia DUI Attorney
  • Richland County DUI Attorney
  • Field Sobriety Tests
  • Suspended License
  • Driving Under the Influence
  • Emma’s Law
  • Lake Murrary
  • Irmo
  • Cayce
  • West Columbia
  • USC

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