Reinstating Your Driving Privileges
If you’ve lost your driving privileges from an implied consent violation (and you are awaiting trial), it is possible to plea for a temporary reinstatement of your driver’s license while your case is pending. This plea is made by requesting an Administrative Hearing from the Office of Motor Vehicle Hearings, which is an office within the South Carolina Administrative Law Court. This must be requested within 30 days of the date or your arrest.
An Administrative Suspension Hearing is appropriate if:
- You refused a breath test. When a driver refuses to take a breath alcohol test (DataMaster DMT test), his or her license is automatically suspended for 6 months.
- 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.
Driver’s license suspensions for DUI convictions can be found on our on DUI penalties page.
At this hearing you may challenge whether:
- proper notice of your implied consent rights were given,
- your Miranda rights were read,
- there was probable cause to make the arrest,
- whether officer followed protocol in requesting and obtaining a breath sample.
This hearing takes place at the Office of Motor Vehicle Hearings and is decided by a Hearing Officer.
If the officer does not show after notice, the administrative suspension will be rescinded upon motion and you will be eligible to have your regular license reinstated.
Temporary Alcohol License
If you request an Administrative Hearing to challenge the administrative suspension, you may get a temporary alcohol license that permits you to drive while awaiting outcome of the Administrative Hearing.
If you are successful, your driving privileges will be reinstated. If your request is denied, you may be able to enroll on ADSAP and obtain a route-restricted license.
If you have any questions about this process, contact us for assistance.
Contact Your South Carolina DUI Defense Lawyer
The criminal defense attorneys at the Strom Law Firm treat each case individually and will expose any and all weaknesses in the prosecution’s case. We will work to establish a strong defense against your drinking and driving charge. Please call us today for a free consultation.