How to Request a South Carolina DMV Administrative Hearing to get your License back after a DUI.
Okay, so you got a DUI last week and now have no driver’s license. If you want to get back driving, you may be able to qualify for a temporary alcohol license (TAL) under South Carolina law. I recently had someone ask me about this, to make sure they had everything correct. I found that while the task is pretty simple, there was an absolute lack of quality information on the Internet about how to go about actually requesting an administrative hearing in South Carolina regarding a driver’s license suspension after a DUI arrest.
Do I need to?
Once a hearing is requested, the DMV will determine whether you qualify for a TAL, and if you do, you can apply for this limited license to drive within the state of South Carolina. The TAL is effective until such time as the administrative hearing officer renders a decision. After a decision, you will either get back your regular license, or the suspension will go back into effect.
If you provide a breath sample of .15% or more, or refuse to provide a breath sample, the officer is supposed to confiscate your driver’s license then and there if you have an in-state license. Simultaneously, he or she will provide you with a Notice of Suspension. This is generally a blue form that indicates that you currently have a suspended license, and cannot operate a motor vehicle. Once you receive the Notice of Suspension, your request for an administrative hearing must be returned to the SC Office of Motor Vehicle Hearings within 30 days.
Your actual blue Notice of Suspension will have all the information necessary to request the administrative hearing. On the back side at the top, is a location for you to put your name, address, email, phone, and attorney’s information (if any). You will need to send this form with the appropriate information and signature along with a money order or cashier’s check.
The filing fee to request an administrative hearing from the Office of Motor Vehicle Hearings is $200. This must be sent in the form of a money order or cashiers check.
On the back of the blue Notice of Suspension, there are other ways to request an administrative hearing as well. If you are requesting a hearing without the assistance of an attorney, I urge you to use the blue notice of suspension. It is the easiest and simplest way to accomplish this task. Using any of the other method will simply give someone a reason to package all of your information up and mail it right back to you, indicating that you “didn't cross a ‘T’ or dot an ‘I’”. Don't give them this opportunity.
If you can afford an attorney to represent you on your DUI case, often times the attorney and/or his or her staff will assist you or requested the hearing for you. Our office provides this service to our DUI clients. It is important however, whether you hire my firm to represent you or someone else, that you contact them well within the 30 day timeframe. It is not your attorney's fault if you delay in contacting them past the permissible time for requesting a hearing.
If you have been charged with Driving Under the Influence in South Carolina, please consider contacting a South Carolina DUI attorney to represent you. A summary of the South Carolina DUI law reveals that there are many implications beyond losing your driver’s license. Often times hiring an attorney can be your cheapest option and without question, your best option for the best outcome.
If you are looking for an attorney to represent you or a family member, please contact my office today for a free consultation. We are glad to help.