One of the hardest consequences of a DUI is having your driver’s license suspended. And when it comes to having a license suspended, people have plenty of questions. When does their license get suspended? Is it at the time of the arrest or the conviction? Does an arrest or conviction always result in a suspension? Answering these questions is where an experienced criminal defense attorney can help.
When Is a License Suspended for DUI in South Carolina?
A DUI conviction will always result in a driver’s license suspension in South Carolina; however, a DUI arrest doesn’t always result in suspension. This depends on whether you refused to take a breathalyzer test and if you did take one, was the result greater than 0.15 percent?
If you refused to take the breathalyzer test or blew greater than 0.15 percent, your attorney will only have a certain amount of time to request a hearing: 30 days. Your attorney will then be able to fight for you to maintain your license while you drive with a temporary license.
If your license is already suspended in South Carolina for other reasons and you are charged with a DUI, you will be hit with an extended suspension that will not begin until your prior suspension period is over. How long the suspension lasts will depend on numerous factors, including whether or not this is your first DUI offense. If there is more than one serious traffic offense on your record, especially in addition to the DUI conviction, your license could be suspended for up to five years.
Administrative/Implied Consent Hearing
If your attorney files for an administrative or implied consent hearing within one month (30 days) of the arrest, you will be able to challenge the suspension of your license. If the request is not made within the month, then your license suspension will go into effect, and in order to reinstate your license, you will need to complete an ADSAP program and pay required reinstatement fees.
If your attorney requests a hearing in time, you may be granted a temporary license that permits you to drive until the consent hearing is held. Understand that these hearings are separate from your DUI hearing, which is held in criminal court. If you lose your implied consent hearing, your license will be suspended. Even if you are successful during the hearing, you may still lose your DUI case in criminal court, which could still result in your license getting suspended.
Provisional and Restricted Licenses
If you are convicted for a first time DUI and you meet all requirements, you may be able to obtain a six-month provisional license. Another option may be a route restricted license. You will only be allowed to get one of these licenses in your lifetime, but they allow you to drive to and from school or work, to and from ADSAP programs, and to and from substance abuse programs that were ordered by the court.
Contact an Experienced Criminal Defense Attorney Today
If you are facing DUI charges, it is imperative that you contact an experienced Charleston DUI attorney today. Contact the attorneys at the David Aylor Law Offices today to schedule a consultation and ensure your rights are protected.
David Aylor is a Criminal Defense Attorney who practices in Charleston, Walterboro, and Myrtle Beach, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 11 years. David Aylor believes in defending the accused. Learn more about his experience by clicking here.