Your driver’s license suspension, following a DUI arrest, occurs immediately if you refused to provide a breath sample or you provide a sample that measured higher than 0.15%. The length of suspension is based on which category you fall under.
Refusal: You do have a right to refuse to provide a breath sample, however exercising that right will result in an automatic suspension of your license for six (6) months. The period of suspension increases for additional violations (arrested for DUI before and refused to provide a breath sample).
Breath test reading higher than 0.15%: if your breath test sample reading is higher than 0.15% it will result in the suspension of your license for one (1) month for a first time violation. The period of suspension increases for additional violations.
In either a refusal or registering higher than a 0.15% your license will be taken by the police and sent to the South Carolina Department of Motor Vehicles (DMV). You will also be given a notice of suspension.
Don’t wait, time matters
The most important thing you can do following your DUI arrest is to mark your calendar. Why? You have a right to challenge the suspension by requesting a hearing before the Office of Motor Vehicles. That request must be made within 30 days from the time of the arrest. This request is typically made using the notice of suspension form given to you by police.
Why you should challenge your suspension
Once your request for an administrative hearing has been processed you may be eligible for a Temporary Alcohol License, which if granted, will allow you to drive without any restrictions.
The administrative hearing is a separate and distinct action from the DUI charge itself. The hearing is in relation to your license suspension and is held in a different court from where the DUI charge will be heard. There is no jury, no judge, and the rules of court are different. The administrative hearing is your chance to challenge the police on whether there was probable cause to make an arrest for DUI and whether the breath test procedure was offered according to SLED documented procedures.
If you win the administrative hearing your suspension is over and your full driving privileges will be restored. If you fail to challenge your suspension or the suspension is upheld after the hearing then you will be required to enroll in the ADSAP program, will need to get a route restricted driver’s license, and if you blew 0.15% or higher you will have to have an ignition interlock device during the suspension period.
How to Get Help?
Call me at (843) 530-7813 or e-mail me with any questions or concerns regarding your Charleston DUI License Suspension because of a DUI arrest, you will speak directly with a Charleston DUI Attorney about your case. The DUIconsultation is free and all discussions are confidential. Start working towards getting help you with your license suspension issues and DUI case today.