When you have been charged with a DUI your license will be suspended if you fall under one of two categories:
1) refused to provide a breath sample; or
2) provided a breath sample that was greater than 0.15%.
You are told that your license will be suspended for six (6) months if you refuse to blow or one (1) month if you blew over 0.15%. Does this mean you have no options to get a DUI license? No, you can drive lawfully if you request an administrative hearing but you must do so within thirty (30) days of your DUI License suspension
or you lose that right.
What is a Temporary Alcohol Restricted License (TARL)
In most cases, you will want to request an administrative hearing which is separate from the criminal process of your DUI arrest. The administrative hearing challenges the license suspension in your case which is different from the criminal charge. The notice of suspension given to you by the police will contain the information necessary to request an administrative hearing. Typically, notice of an administrative hearing date will be sent within 5-10 business days of requesting the hearing. The cost to request an administrative hearing is $200 (certified check or money order) and is sent to the Office of Motor Vehicle Hearings (OMVH) in Columbia, South Carolina.
Once you have received notice of the administrative hearing date you can take that notice to your local DMV office and along with a $100 payment you can obtain and Temporary Alcohol Restricted License (TARL)
, sometimes called a DUI license. This license will enable you to drive lawfully again for six months pending the outcome of the administrative hearing. It is important to understand that this is not a route restricted licensed. The advantage of TARL is that it is unrestricted in the sense that you can drive anywhere day or night. A route restricted license is limited to work, home, etc. S.C. Code 56-1-286
What is a Provisional License
Another type of driver’s license related to DUI charges is a provisional license
which is also a temporary license. The provisional license is available when you plead guilty to a driving with an unlawful alcohol concentration (DUAC) or first offense DUI. Once you plead guilty to a DUAC there are several steps you need to take to apply for a provisional license. First, is to enroll in the ADSAP program and second, is to obtain SR-22 insurance (additional expense for coverage when a drink driving convictions is on your record – minimum of 3 years). The provisional license is unrestricted license meaning that you can drive where you want in the state of South carolina. See S.C. Code 56-1-1320
Charleston DUI Attorney
Get help today with your DUI license issues. Call (843) 530-7813
and talk to a Mt. Pleasant DUI Attorney
regarding your DUI License Suspension
, you will speak directly with a Charleston DUI Attorney
about your case. The DUI consultation is free
and all discussions are confidential.