When you have been arrested for DUI in South Carolina, your driving privileges may be suspended until you go to trial. However, in some cases, it is possible to plea to the court for a temporary reinstatement of your driver’s license while your case is pending. This motion of plea is made following a request with the Administrative Hearing Section from the Department of Motor Vehicles Hearings, which is an office within the South Carolina Administrative Law court. This request to get your license reinstated must be made within 30 days from the date of your DUI arrest.
When is an administrative hearing appropriate?
An administrative hearing is generally used in the following situations:
- When a driver refuses to take the breathalyzer test because if this happens, the license is usually automatically suspended for 6 months
- When the driver has a blood alcohol level equal to or greater than 0.15. A BAC of 0.15 or higher because this means an automatic suspension of your driver’s license for 30 days.
What happens at the administrative hearing?
At the administrative hearing, DUI lawyers can do the following:
- Determine if the law officer read you your Miranda rights
- Whether the law enforcement officer provided you with notice of your implied consent rights
- Question if the law enforcement officer had probable cause to arrest you
- Question if the law enforcement officer followed established protocol when requesting and obtaining a breath sample
Where does the Administrative Hearing take place?
The administrative hearing is conducted by a Hearing Officer and takes place at the Office of Motor Vehicles Hearings. You have to show up together with your DUI lawyer at this administrative hearing. If the law enforcement officer fails to show up despite notice, the administrative suspension of your license is rescinded, and you will have your driver’s license reinstated right away.
Can I get a temporary license while waiting for the Administrative Hearing?
If you have requested an Administrative Hearing to challenge the administrative suspension of your license, then depending on the BAC, the number of DUI offenses and level of BAC you may get a temporary license to drive while awaiting the final outcome of the administrative hearing.
What happens at the Administrative Court?
After your DUI lawyer has provided arguments about your case to the Hearing Officer, your case may be thrown out, and your driving privileges may be reinstated. However, if the Hearing Officer denies your request, you will be asked to enroll in an Alcohol and Drug Safety Program (which may last from 8 weeks to an entire year) and obtain a route restricted license.
How should I proceed if my driving license has been suspended?
The laws and rules surrounding drunk driving arrests and convictions are complex, and the average person generally does not have any idea how to proceed. If you have been arrested for drunk driving and your license is suspended, the best advice is to seek assistance from a DUI lawyer. A DUI attorney can help expose any weakness in the case and help you get your license back.
Contact the DUI Lawyers at The Bateman Firm
The most important thing for car drivers to remember is that driving under the influence of drugs and/or alcohol is never a good idea. It can get you in trouble, resulting in unnecessary driver’s license suspensions, cause car accidents, get you in legal trouble if there is significant damage or injury to the other party involved in the accident, cause you financial loss and overall create problems for you. However, if you have been arrested for a DUI, it is best that you contact our DUI lawyers at The Bateman Firm. The attorneys at our firm have significant experience dealing with drunk driving cases.
Keep in mind that when you are arrested for a DUI, it is not a minor thing. Your driving record will be affected, and if you don’t have a good lawyer defending you, you can get a more severe sentence and greater financial penalty. That is why it is best to let a professional DUI attorney handle your case. Call our DUI lawyers in Greenville SC today so that they can help you get your driver’s license suspension lifted as soon as possible as well ensure the financial penalty imposed by the court is as minimum as possible.