Written by Susan E. Williams, South Carolina Criminal Defense Attorney
Last reviewed: September 2026
A DUI arrest in South Carolina can create two separate problems.
First, you may be facing a criminal DUI or DUAC charge.
Second, you may face an immediate administrative suspension of your driving privileges if you refuse a chemical test or if your breath test result is 0.15% or higher.
These are separate proceedings, which means your driver’s license can be suspended before your criminal DUI case is resolved.
The Law Office of Susan E. Williams represents people facing DUI charges and related driver’s license issues throughout the South Carolina Lowcountry.
When Can Your License Be Suspended After a DUI Arrest?
Under South Carolina law, the Department of Motor Vehicles can suspend your driver’s license, permit, or South Carolina driving privilege if you:
Refuse a chemical test requested under South Carolina’s implied-consent law, or
Have an alcohol concentration of .15% or higher.
For a driver with no qualifying DUI convictions or administrative suspensions during the preceding ten years, the suspension is generally six months for refusing the test and one month for a BAC of .15% or higher.
Longer suspension periods can apply when there are prior qualifying convictions or suspensions.
South Carolina’s current suspension rules are contained in S.C. Code § 56-5-2951. Read the current South Carolina DUI suspension statute
If you have questions about breath testing itself, Susan Williams also discusses the issue in her article on breathalyzer tests in South Carolina. Read Top 10 Questions About Breathalyzer Tests in SC
Your Suspension Can Begin Before You Are Convicted
The administrative suspension is separate from the criminal DUI prosecution.
The arresting officer issues a Notice of Suspension, and the suspension takes effect on the date of the alleged violation.
That is why you can lose your driving privileges even if you have not been convicted of DUI.
If you have an out-of-state driver’s license, South Carolina can still suspend your driving privileges.
The SCDMV is also required to notify the licensing authority in your home state when a nonresident’s South Carolina driving privilege is suspended.
Pay Attention to the 30-Day Deadline
One of the most important deadlines following an administrative DUI-related suspension is 30 days from the issuance of the Notice of Suspension.
Within that period, you may request a contested-case hearing before the South Carolina Office of Motor Vehicle Hearings.
This is an important distinction: the statute measures the deadline from the issuance of the Notice of Suspension, so the article should not simply state “30 days from your arrest.”
The filing fee for requesting the hearing is currently $200.
If you do not request the hearing within the required 30-day period, you waive your right to a contested-case hearing, and the administrative suspension continues.
What Is a Temporary Alcohol License?
If you request a contested-case hearing in a timely manner, you may also be eligible to obtain a Temporary Alcohol License, commonly called a TAL.
According to current South Carolina law, a TAL allows a person to drive without route restrictions while the administrative suspension is being contested.
The current fee for the TAL is $100.
This is separate from the $200 fee required to request the contested-case hearing.
The South Carolina DMV provides current information about Temporary Alcohol Licenses and other reinstatement options on its license-reinstatement page. See SCDMV Temporary Alcohol License information
A TAL does not override separate restrictions that may be contained in your criminal bond order. If your bond contains travel or driving restrictions, those conditions must also be followed.
How Long Can You Use a Temporary Alcohol License?
The TAL allows you to drive while the administrative suspension is being contested.
Under § 56-5-2951, if the suspension is upheld, the TAL remains effective until the Office of Motor Vehicle Hearings issues its decision and the DMV sends the required notice.
If the suspension is overturned, your regular driving privileges must be reinstated.
The statute also provides for reimbursement of the $100 TAL fee when the suspension is overturned.
What Happens at the Administrative Hearing?
The Office of Motor Vehicle Hearings does not decide whether you are guilty of the criminal DUI charge.
Instead, the hearing addresses issues related to the administrative suspension.
These can include whether you were lawfully arrested or detained, whether you were properly advised of your implied-consent rights, whether you refused testing, and—when the suspension is based on a .15% or higher result—whether the testing requirements were satisfied.
The DMV and arresting officer carry the burden of proof at the contested-case hearing.
The outcome of this hearing does not determine the outcome of the separate criminal DUI case.
For a broader explanation of what can happen following a DUI arrest, see Susan Williams’ discussion of the South Carolina DUI process. Read What Happens After a DUI Arrest in South Carolina?
What Happens If the Suspension Is Overturned?
If the hearing officer overturns the suspension, your driver’s license, permit, or South Carolina driving privilege must be reinstated.
The statute also provides that the DMV reimburse the fee paid for the Temporary Alcohol License.
The overturning of the administrative suspension does not, by itself, dismiss the underlying DUI or DUAC charge.
The criminal case continues separately.
What Happens If the Suspension Is Upheld?
If the administrative suspension is upheld, the remaining suspension remains in effect.
Under the current version of § 56-5-2951, within 30 days after notice that the suspension was upheld, the person must enroll in:
The Alcohol and Drug Safety Action Program (ADSAP) and the Ignition Interlock Device Program.
South Carolina substantially changed its ignition-interlock laws effective May 19, 2024.
Susan Williams has a detailed explanation of those changes in her article about the 2024 South Carolina Ignition Interlock Device rules. Read SC’s 2024 Ignition Interlock Device Rules for DUI Offenders
How Does the Ignition Interlock Option Work?
South Carolina law allows certain drivers to participate in the Ignition Interlock Device Program in instead of serving the remainder of an administrative suspension.
When that option applies, the driver can obtain an ignition-interlock-restricted license.
For an administrative suspension under § 56-5-2951, the IID generally must remain installed for the amount of time remaining on the suspension.
If the remaining suspension is less than three months, the statute requires the IID for at least three months.
Once a person enrolls in the IID program and obtains an ignition-interlock-restricted license under this provision, the statute says the person cannot later change course and simply serve the remaining suspension instead.
South Carolina’s ignition-interlock requirements can be found in S.C. Code § 56-5-2941. Review South Carolina’s ignition-interlock statute
Do You Need an IID on Every Vehicle You Own?
The law generally focuses on the vehicles the person drives, rather than simply every vehicle titled in the person’s name.
Section 56-5-2941 requires an IID on any motor vehicle the person drives, subject to statutory exceptions.
That means owning another vehicle does not necessarily require an IID to be installed on it if the person does not drive it.
However, a person subject to an ignition-interlock restriction should not drive a vehicle that is required to have an IID unless a properly operating device is installed.
Ignition Interlock Violations Can Have Consequences
South Carolina uses an ignition-interlock point system.
Points can lead to additional time in the program, substance-abuse assessment or treatment requirements, and, at higher point levels, suspension of the ignition-interlock-restricted license.
The device must generally be inspected every 60 days.
The participant ordinarily bears the cost of the IID, although South Carolina law provides a process through which some indigent participants may obtain assistance with the initial installation and standard use costs.
What Is ADSAP?
ADSAP stands for the Alcohol and Drug Safety Action Program.
The program assesses the individual’s alcohol or drug use and develops an appropriate education or treatment plan.
ADSAP requirements vary from person to person because services are based on assessment results.
Current state information says the educational portion costs $500. Treatment services can cost up to $2,000, with total ADSAP charges capped at $2,500.
South Carolina law also states that a person cannot be denied ADSAP services because of an inability to pay.
The state’s current ADSAP materials provide additional information about enrollment, costs, treatment and completion requirements. Read South Carolina’s official ADSAP information
How Long Does ADSAP Take?
There is no single completion period for everyone.
The length of the program depends on the individual’s assessment and recommended services.
Current state ADSAP guidance says that although many participants complete the program by the end of their suspension period, completion may take up to 12 months.
Under S.C. Code § 56-5-2990, if a participant has not successfully completed the required ADSAP services within one year after enrollment, the program must provide a hearing.
Drivers must also continue making satisfactory progress. Under § 56-5-2951, stopping participation or failing to make satisfactory progress can result in another license suspension until ADSAP is completed.
What If You Do Not Request a Hearing?
If you do not request a contested-case hearing within 30 days after the Notice of Suspension is issued, you waive the hearing and the administrative suspension continues.
You are still required to enroll in ADSAP.
Depending on your circumstances, South Carolina law may allow you to enroll in the Ignition Interlock Device Program instead of serving the remainder of your suspension and to obtain an ignition-interlock-restricted license.
This means the decision is not simply “ADSAP or IID.” ADSAP remains part of the administrative requirements even when an IID is used to regain driving privileges.
What About DUI Checkpoints?
Some DUI arrests begin at sobriety checkpoints rather than with a traditional traffic stop.
Checkpoint cases can raise additional legal questions concerning how the checkpoint was established and operated, what happened during the stop, field sobriety testing, breath testing and video evidence.
Susan Williams discusses those issues in more detail in her article Are DUI Checkpoints Legal in SC? Read about South Carolina DUI checkpoints
Video Evidence Can Matter in a South Carolina DUI Case
South Carolina DUI cases frequently involve video from the traffic stop, incident site or breath-testing location.
That evidence can sometimes become an important part of evaluating whether law enforcement complied with South Carolina’s DUI procedures and what actually occurred during the arrest.
Susan Williams explains this issue in Is Your DUI Arrest on Video? Why It Matters in South Carolina. Read why DUI video evidence can matter
Get Help After a South Carolina DUI Arrest
The days following a DUI arrest can be confusing.
You may be dealing with a criminal charge while simultaneously trying to determine whether your license is suspended, whether you qualify for a Temporary Alcohol License, whether you should request an administrative hearing, and whether you will be required to complete ADSAP or install an Ignition Interlock Device.
The 30-day deadline following issuance of the Notice of Suspension is particularly important because failing to request a contested-case hearing in a timely manner means losing the opportunity to challenge the administrative suspension through the hearing process.
A DUI attorney familiar with South Carolina DUI and administrative-license procedures can review the Notice of Suspension, determine which deadlines apply, and explain the options available based on the specific circumstances of your case.
Facing a DUI or License Suspension in South Carolina?
A DUI arrest can leave you feeling overwhelmed and unsure about what to do next, especially when your driver’s license may be affected.
You do not have to figure out the process on your own.
The Law Office of Susan E. Williams helps people understand their options after a DUI arrest, including license suspensions, administrative hearings, Temporary Alcohol Licenses, ADSAP, and ignition interlock requirements.
If you have questions about your case or your driving privileges, contact the Law Office of Susan E. Williams. We can help you understand where you stand and what steps may be available to you.
