Reinstate Driving Privileges in South Carolina by Requesting a DUI Administrative Suspension Hearing
Strom Law Firm can help you win back your driving privileges, while your DUI case is pending.
If you’ve lost your driving privileges from a DUI arrest in Greater Columbia, S.C. (and you are awaiting trial), it is possible to plea for a temporary reinstatement while your case is pending. This plea is made by requesting a DUI Administrative Suspension Hearing from the Department of Motor Vehicles. This must be requested within 30 days of the date or your arrest.
An Administrative Suspension Hearing is required to win provisional driving privileges if:
- You refused a breathalyzer test. When a driver refuses to take a breath alcohol test (DataMaster DMT test), his or her license is automatically suspended for 90 days on a first DUI offense arrest and 180 days for a second (or subsequent) DUI offense.
- Your blood alcohol content (BAC) registered .15 or higher. A BAC of .15 or higher results in an automatic driver’s license suspension for 30 days if you’ve been arrested for a first DUI offense and 60 days for a second (or subsequent) offense.
Driver’s license suspensions for DUI convictions can be found on our on DUI penalties page.
A Temporary Alcohol License
If you do request an Administrative Hearing to reinstate your driving privileges, you may get a temporary alcohol license that permits you to drive while awaiting outcome of the DUI Administrative Suspension Hearing.
If you are successful, your driving privileges will be reinstated. If your request is denied, you may be able to obtain a work- or education-restricted license.
If you have any questions about this process so far, contact us for assistance.
Why We Recommend Hearing Requests
An administrative suspension hearing will additionally allow you to subpoena the arresting officer to get his or her version of events. This locks the officer into testimony about what he saw, where he saw it, how the field sobriety tests were conducted, and hopefully, details of your conduct indicating that you were not impaired such as your ability to walk and talk.
At this hearing you may challenge whether:
- proper notice about alternate test options was given,
- the “Informing the Accused” was read,
- there was probable cause to make the arrest based on your conduct.
This hearing takes place at the Office of Motor Vehicles with a Department of Motor Vehicles (DMV) employee residing as “hearing examiner.” The designated examiner has the authority to preside over and decide your hearing.
If the officer does not show after notice, the Administrative Suspension is vacated, and you may continue to drive with your regular license during the pendency of the case, according to the regulations of the Office of Motor Vehicle Hearings.
Contact a Columbia, South Carolina DUI Defense Lawyer
Criminal defense lawyers at the Strom Law Firm, LLC provide a free consultation to discuss the facts of your DUI arrest. Founded by a former U.S. Attorney, the team at Strom Law also includes a former Public Defender, and a former Assistant Attorney General and Richland County Assistant Solicitor. It’s awarded the highest Martindale-Hubble ranking and collectively holds more than 50 years of complex litigation experience.
Fill out the Free Case Evaluation form or call us immediately (803-252-4800). Let us fight your DUI charge, and help you protect your freedom and financial future. We offer flexible payment plans and accept Visa and Mastercard.