What happens next can be terrifying, inconvenient, and in many cases, outright unfair. The Law Office of Susan E. Williams is familiar with the options available to you when you experience an alcohol-related incident on the roadway.
In this article, you’ll learn:
- The legal consequences of a DUI
- Why these consequences may not always equal to the severity of the offense
- Your options to resume driving privileges after an alcohol-related incident
The Scenario
It happens every day. People have a few drinks and feel like they’re ok to drive home, but by chance they are pulled over by law enforcement and cited with a charge of driving under the influence (DUI) or Driving with an Unlawful Alcohol Concentration (DUAC).
Maybe you went to meet a friend for dinner and had a couple glasses of wine. Like most people, you would probably feel like there’s no question that you are not impaired and are ok to drive, but should you go through a DUI checkpoint on your way home, law enforcement could ask you to step out of your vehicle, you could take sobriety tests, and the officer could arrest you for DUI.
No matter what the case, it’s important to remember that these situations can and do happen every day. Whether you didn’t realize that you were impaired, were just going to drive a mile or so home, or were going to follow a friend home… now you’re in danger of losing your privilege to drive.
The Problems with Losing Your Driver’s License
A driver’s license is something we take for granted, and only when it’s gone do you truly feel the impact on your life. One DUI (Driving Under the Influence) arrest could be all it takes to have your driving privileges suspended; one little mistake may cost you big time.
You may not realize it before it happens. But how often do you spontaneously leave to have a drink with a friend, or run to the store for a few things? Maybe you’re cooking dinner and you realize that you’re missing an ingredient you thought you had. Normally, you’d just dash out and pick it up. Without your driver’s license, the things that used to seem easy and effortless now take major planning time.
In South Carolina it is possible for you to lose your driver’s license with a DUI arrest if you refuse the breathalyzer or blow .15% or over. In other words, you don’t even need to get convicted of a DUI to have your driver’s license suspended. If you refuse to blow, your driver’s license will be suspended for 6 months; or, if you blow .15% or over, your driver’s license will be suspended for 30 days.
As soon as you are issued your Notice of Suspension (which often is the same day you are arrested but in rare situations can be some days after once you receive a notice in the mail) , your privilege to drive is suspended. That means you won’t be able to legally drive until that driver’s license suspension is cleared (or rescinded).
Even if you have a driver’s license from a state other than SC and your privilege to drive is suspended in SC, a SC DUI can affect your privilege to drive in another state.
You DO Have Options After a DUI
Contrary to popular belief, however, losing your license after an alcohol-related incident isn’t the end of the road, and it’s not a situation you are necessarily stuck with. In many cases, crippling your ability to get to work or school, pick your children up from school and sports events, or even to get groceries to feed your family is not a punishment that fits the crime.
In SC there are ways to regain your privilege to drive, and if you are arrested for DUI and your license is suspended, you should know what options are available to you.
Here are some options you may be eligible for if your driver’s license is suspended because of a DUI arrest or conviction:
Temporary Alcohol License (TAL)
Some believe that the State of South Carolina suspending someone’s license before being convicted of a crime is unfair. But did you know that there is a way to obtain a driver’s license to use while a DUI charge is pending?
Within 30 days of your DUI arrest, you may be eligible for a temporary alcohol license (TAL). The TAL is a license that has no route restrictions and so you can drive anywhere in the state of South Carolina. (You cannot drive outside the state of SC as a general term of being on bond, unless you get express permission from a judge otherwise).
Costs
The cost to apply for an Administrative Law Hearing is $200 and once the Office of Motor Vehicle Hearings processes your application, sets a court date and notifies you, you can go to a DMV and obtain your TAL for a reinstatement fee of $150. You do not need to worry about bringing identification with you such as your social security card or birth certificate because you are already in the system at the SC Department of Motor Vehicles (DMV).
The TAL is valid up until the time the Administrative Law Court hearing officer renders a decision on your Administrative Law Court hearing. You can use your TAL to drive to and from the Administrative Law Court hearing.
Appeals to Administrative Law Court Decisions
If you contest the hearing, the decision of the judge will not be made the same day as the hearing. In fact, it may take months or even up to a year for the decision to be rendered. You can still drive legally with your TAL until the decision is rendered from the Administrative Law Court.
If the decision of the Administrative Law Court takes longer than one year, you have to renew your TAL for $10. A TAL is only good for up to a year. A TAL is no longer valid once the decision of the Administrative Law Court is rendered.
Winning the Hearing
If the judge rules in your favor at the Administrative Law Hearing, your driver’s license suspension will be rescinded. That means that, you will be eligible to get your original driver’s license back that you had prior to the DUI arrest. There is a reinstatement fee of $150 for this. You should receive a $150 refund if you paid for a TAL.
Remember, once the decision is rendered, your TAL is no longer valid. You must update your license once the hearing officer’s decision is rendered. Your lawyer should receive a copy of the hearing officer’s decision by email and then your lawyer will relay the decision to you.
Losing the Hearing
If the hearing officer does not rule in your favor at the Administrative Law Hearing, your driver’s license suspension is upheld.
For DUI arrests made on May 19, 2024 and later, there are two mandatory steps you must take in order to drive legally:
- You must enroll in the ADSAP program, and
- You must enroll in the Ignition Interlock Device (IID), assuming you did not voluntarily enroll in the IID prior to the Administrative Law Court Hearing.
You must enroll in ADSAP first before you can enroll in the IID. Once you can provide proof of your ADSAP enrollment, you can enroll in IID and obtain a valid driver’s license. You must affix the IID to every vehicle that you drive.
Remember, once the decision is rendered as a result of the Administrative Law Hearing, your TAL is no longer valid. So if you are thinking you’d rather just skip ADSAP and the IID and drive anyway, you will be driving with a suspended license (DUS) while a DUI is pending, which has more severe penalties than a DUS that is not DUI related.
Time Restraints
Once you enroll in ADSAP, you must make substantial efforts to successfully complete the program within one year. If you fail to do so, you will not only have to re-enroll in and complete ADSAP, but you also must re-serve your driver’s license suspension. The cost of the ADSAP program depends on each individual’s alcohol/drug assessment. Some people need more counseling than others. The more classes you attend, the more expensive the cost of the program is. The time length of the program also depends on your individual needs based on the assessment. You are responsible for the costs of ADSAP and the IID.
What if you didn’t request an Administrative Law Court Hearing within 30 days of your DUI Notice of Suspension?
You have two choices. You can either:
- Not drive at all for the duration of your driver’s license suspension and enroll in and complete ADSAP; or
- Obtain an Ignition Interlock Device (IID) to drive legally during the time your driver’s license is suspended.
You must affix the IID to all vehicles that you drive. If you have vehicles that are registered in your name but you will not be driving those vehicles for the duration of your suspended license, you do not have to get the IID affixed to those vehicles. You bear the cost of the IID.
There are points/ consequences for IID violations that you should be mindful of. It is best to follow all of the instructions and procedures when you have an IID affixed to your vehicle to avoid unwanted negative consequences that could affect your privilege to drive in SC.
Get the Help You Need After a DUI Arrest
The time immediately after you receive a DUI can be confusing, and you may not be aware of the options available to you in your state for license reinstatement. You may be trying to figure out where your car was towed to.
You may be confused about the instructions on how to request an Administrative Law Hearing. Remember that there is a 30-day deadline from the date of your arrest to request an Administrative Law Hearing. If you miss this deadline, you will not be eligible for an Administrative Law Hearing. You cannot apply for a TAL at the DMV. The specifics of obtaining a Temporary Alcohol License is confusing, but an attorney who knows how this process works can walk you through it.
In South Carolina, the Law Office of Susan E. Williams handles DUI cases and helps people obtain driver’s licenses after a driver’s license has been suspended due to DUI. We are here to help you understand your options and sort through this confusing process.
