If you’ve been arrested for DUI in Lexington or Columbia, South Carolina, one of the first questions you may have is whether you can still legally drive. Many people assume that a DUI arrest automatically results in a license suspension, but this is not always the case.
In South Carolina, simply being arrested for DUI does not automatically suspend your driver’s license. However, your ability to continue driving depends on specific factors, including whether you refused a breath test or provided a breath sample of 0.15 or higher.
When Does a DUI Lead to a License Suspension?
Your driver’s license may be suspended under South Carolina law in three main scenarios:
- You plead guilty, no contest, or are convicted after a trial.
- You take the breathalyzer test, and your BAC is 0.15 or higher.
- You refuse the breathalyzer, blood or urine test.
The last two scenarios fall under South Carolina’s implied consent law, which can trigger an immediate suspension of your driving privileges.
What Is an Implied Consent Suspension?
If you refuse a breath test or provide a BAC reading of 0.15 or higher, the arresting officer will issue a Notice of Suspension. This means that:
- Your license is immediately suspended under South Carolina’s implied consent law.
- A temporary driving credential is NOT automatically provided unless you take action.
- You have the right to challenge the suspension and seek a temporary license.
- If you fail to take action you will lose your license automatically for 30 days - 6 months, and be required to complete the ADSAP course and install an ignition interlock device even if your DUI is later dismissed or you are found not guilty.
How to Get Your License Back After an Implied Consent Suspension
If you have received a Notice of Suspension, you have only 30 days to request an administrative hearing with the Office of Motor Vehicle Hearings (OMVH) to challenge your DUI-related suspension.
At the Law Office of James R. Snell, Jr., LLC, we act immediately to protect your driving privileges. In most cases:
- We file your hearing request the same day you retain us.
- The DMV can issue you a temporary license within 1-3 business days.
- You may continue driving legally while we fight your DUI charge.
We assist clients with DUI defense in Lexington, Columbia, and all surrounding areas, including Greenville, Charleston, and Beaufort.
Why Choose an Experienced DUI Defense Lawyer?
James Snell has over 20 years of experience fighting DUI charges in South Carolina and is the author of South Carolina DUI Defense. Our firm provides aggressive representation to help clients avoid license suspensions, reduce penalties, and fight DUI arrests. There are options in every situation, even if you think you are guilty there are steps that can be taken to help improve the outcome of your case.
If you’re facing a DUI charge in Lexington or Columbia, don’t risk losing your ability to drive. Contact our office today for a free consultation.
Call (803) 359-3301 now to protect your driving privileges.