As a leading DUI defense lawyer in Pawleys Island, the Hopkins Law Firm is often asked if you lose your license following a DUI arrest in South Carolina? The answer is it depends. A DUI in South Carolina can lead to an initial license suspension, but how the DUI charge is resolved will determine what happens to your driving privileges long-term.
DUI In South Carolina
If you are arrested for DUI, you face South Carolina's “Implied Consent Suspension” law. Under these regulations, if you refuse to submit to a breathalyzer test, your license is immediately suspended. However, if you submit to the breath test, and blow greater than a .15, your license is also immediately suspended.
Should I Take A DUI Breath Test?
In South Carolina, refusing to take a breath test when pulled over for the first time on suspicion of DUI, means your license is immediately suspended for six months. You'll also be required to take the South Carolina Alcohol and Drug Safety Action Program (ADSAP) class. The class is for individuals who are convicted of DUI, referred by South Carolina Division of Natural Resources for boating under the influence, or whose licenses are suspended through the state's Administrative License Revocation procedure.
It's possible to challenge the license suspension by requesting a hearing within 30 days.
If you're pulled over for a second DUI, refusing to take a breathalyzer results in a 9-month license suspension. A third DUI offence results in a license suspension of 1 year, and a fourth DUI and breath test refusal equals suspension for 15 months.
If you submit to the breathalyzer on your first DUI arrest and blow a 0.15 BAC or greater, you license is immediately suspended for 30 days. It's possible to challenge the suspension by requesting a hearing within 30 days. For a second DUI arrest, a breath sample of 0.15 BAC or great results in a license suspension for two months. A third DUI arrest or fourth DUI arrest with a breath sample of 0.15 BAC or greater is ground for a license suspension for three or four months, respectively.
DUI License Suspension
If your license is suspended for any reason after a DUI, contact an experienced Pawleys Island attorney. If you request a hearing in the designated time, you have an opportunity to get a Temporary Alcohol License (TAL). You can only drive in the state of South Carolina with a TAL, but no other restrictions apply while your hearing is pending. Contact the Hopkins Law Firm today to get started on obtaining your TAL.
Even if your license is suspended, you may have an option to drive. South Carolina offers the SC Ignition Interlock Program for those who qualify. You can voluntarily enroll in the program. Your lawyer may also explore the route restricted license option. This license would allow you to drive to and from school, work, and ADSAP.
The long-term affects on your driving privileges will be determined by the outcome of the case. A DUI conviction first offence mandates that you enroll in the SC Ignition Interlock Program for six months. A provisional license that allows you to drive within the state is possible if you offered a breath sample less than 0.15 BAC. Our experienced car accident lawyers will fight for you and your driving privileges. Contact us today to review your case.