When you are arrested for DUI in South Carolina and face an implied consent license suspension, it is crucial to understand the administrative hearing process and its implications for your driving privileges. My office prioritizes swift action when retained for DUI defense. Typically, we file the petition to challenge the suspension—which also serves as the request for the administrative hearing—the same or next business day. This allows our clients to begin legally driving again as quickly as possible, usually within about two business days.
Not every driver arrested for DUI in South Carolina will require an administrative hearing. However, since approximately 70% of drivers either refuse testing or provide a breath sample of 0.15 or higher, this information will apply to most DUI arrest situations.
Time is of the essence in these cases. People arrested for DUI only have thirty days to request this hearing. This step should be taken even if the defendant does not plan on driving again soon. Additionally, individuals with an out-of-state license must also request the hearing, as failing to challenge these suspensions can lead to severe consequences in their home state.
Overview of the Administrative Hearing Process
If you are arrested for DUI, you are dealing with two separate cases. One is the criminal charge for DUI, which will be resolved in Traffic Court. The other is a civil administrative case concerning your driver’s license, which is handled by the Office of Motor Vehicle Hearings, a division of the South Carolina Administrative Law Court.
Hearing Locations and Setting
While the main office for these hearings is located in downtown Columbia, hearings are also held at satellite locations across the state, including Aiken, Greenwood, Chester, Greenville, and Charleston. Hearings are presided over by a hearing officer, not a judge in a robe. Most hearings take place in settings that resemble a conference room more than a traditional courtroom (although some locations, such as Aiken, are in courtrooms but the hearing officer conducts proceedings using a conference table in the courtroom).
Timelines and Notifications
The timeframe for scheduling an administrative hearing varies based on the backlog of requests. Typically, hearings are scheduled within 2 to 6 months. Your attorney will receive advance notice of the hearing date and time. Whether or not you need to be present is a decision to discuss with your lawyer. If you do not have legal representation, you must appear in person, or your case will be dismissed. Importantly, if the police officer fails to appear, you automatically win the hearing.
Purpose and Procedure of the Hearing
The purpose of the administrative hearing is to determine whether the arresting officer complied with South Carolina’s implied consent laws. This hearing does not address your guilt or innocence regarding the DUI charge and generally has little bearing on the outcome of your criminal case.
During the hearing, the officer will present evidence to justify the license suspension. At the conclusion of this presentation, your lawyer will point out any violations of the implied consent statute or other failures to establish a lawful basis for the suspension. The hearing officer typically issues a written decision within a few days of the hearing.
Possible Outcomes
If you win the hearing, the administrative suspension of your license will be lifted. This means you will not face a suspension for refusing to submit to a breathalyzer test or for having a blood alcohol concentration (BAC) of 0.15 or higher. If you lose, the officer’s suspension will be upheld, and you will face an administrative suspension. This suspension is separate from and in addition to any suspension resulting from a DUI conviction in criminal court.
Importance of Legal Representation
Navigating the administrative hearing process can be complex, and the stakes are high. First-time DUI offenders in South Carolina may face up to one year of license suspension. Having experienced legal representation can make a significant difference in the outcome of your case. At our firm, we are committed to acting quickly and effectively to protect your driving privileges and provide the best possible defense.
Why Choose Attorney James R. Snell, Jr.?
Attorney James R. Snell, Jr. brings over 20 years of experience defending DUI charges in South Carolina. He is the author of the book South Carolina DUI Defense: The Law and Practice, a member of the National College of DUI Defense, and has completed the same training utilized by police in DUI detection and field sobriety testing. Additionally, he is qualified as an NHTSA instructor in field sobriety testing.
Our office offers free consultations, and same-day appointments are often available. To schedule your consultation, call us at (803) 359-3301. Let us put our expertise to work for you.