There are many consequences to facing a DUI charge in Greenville, and one of them is losing your license in South Carolina. If your license gets suspended, your life will change in several ways. You’ll no longer be able to drive to work, school, or any other place. This might not seem so important at first, but it could pose a massive problem in your life.
This is why you should contact a DUI attorney in Greenville as soon as you get arrested. The Department of Motor Vehicles in South Carolina allows you to apply for a provisional license in South Carolina. This article explores all you need to know about this hardship license and how you can get one.
What Is a Provisional License?
You can get a provisional license after your first DUI or DUAC conviction. A temporary license in South Carolina allows you to drive to the grocery store, work, school, church, social activities, and court-mandated programs as part of your DUI conviction.
The goal of a provisional license is to allow you to drive like you still had your original driver’s license in South Carolina. To get this license, there are a few things you have to prove to the South Carolina Department of Motor Vehicles.
- You need to establish that you need to drive to:
- Maintain your employment
- Get yourself or your kids to school
- Attend the alcohol or drug treatment sessions
- Obtain medical care
- Complete crucial tasks in your life
A provisional license can last for six months or as long as the duration of your suspension. Once your suspension is over, you can get a traditional driver’s license. However, you will pay a reinstatement fee of $100 and show proof of completing the Alcohol and Drug Safety Program (ADSAP)
Requirements for a Provisional (Hardship) License in Greenville
You need to meet some conditions for the court to award you a provisional license. Your DUI attorney in Greenville will explain these requirements if you need clarifications. Below are the requirements for getting a hardship license.
- You must own a South Carolina driver’s license.
- There must be no other license suspension on your record.
- You must be enrolled in South Carolina Alcohol and Drug Safety Action Program (ADSAP)
- You must have an SR-22 Insurance Certificate; this is required for three years.
- In some cases, you will need to install an ignition interlock device in your vehicle. This device prevents your car from starting till you blow into it to measure your blood alcohol content.
- You will also need to show that you live further than one mile from your place of education, employment, or ADSAP classes.
- The court or DMV might also need you to prove that there is no adequate public transportation between your home and place of employment, education, ADSAP classes, and other court-ordered programs.
Once you meet these crucial requirements, you can proceed to apply at the DMV office. However, having a DUI attorney in Greenville guiding you through the process will increase your chances of approval.
What Is an SR-22 Certificate?
To get a provisional license in Greenville, you must have an SR-22 certificate. It is legal proof your insurance meets South Carolina’s minimum requirements. Every driver convicted of a DUI charge or seen as a high-risk must have this certificate. Usually, insurance companies charge a fee to issue SR-22 certificates to drivers. Most times, the amount is less than $50. However, you can expect a significant rise in your insurance premium after obtaining an SR-22 certificate.
Other Hardship Licenses a DUI Attorney in Greenville Can Help You Apply For
Apart from a provisional license, there are other hardship licenses you can apply for based on your DUI charge and needs. Below are two additional permits your DUI attorney in Greenville can assist you in obtaining.
Temporary Alcohol Restricted Licenses (TARL)
You can get a Temporary Alcohol Restricted license after a DUI charge. However, they’re mostly for those who refuse to take the breathalyzer test and request an administrative hearing to contest the license suspension for refusing to take the breathalyzer. If this is the case for you, it’s always good to consult your DUI attorney in Greenville before the hearing.
This Temporary Alcohol Restricted License is only valid for the period between your arrest and the administrative hearing. Unlike a provisional license, this one is for those without a conviction. However, after a decision is taken about your license suspension, this permit becomes invalid.
Note that you will need to pay a $200 fee for the administrative hearing. Also, not everyone qualifies for this type of license. However, if you are eligible, it will get you back on the road before proving your innocence and getting your regular driver’s license reinstated.
To obtain a TARL, you need to present your notice of hearing to the DMV office in Greenville. The DMV office will also require you to pay $100 to obtain this license in South Carolina.
Route Restricted License in South Carolina
This hardship license is for those facing a second or third DUI conviction. It allows you to drive during a defined time and through specific places. Throughout a person’s lifetime, they can only get one route-restricted license.
However, you might receive consideration if you get a license suspension for non-payment of child support or other cases that are not DUI-related. You can get a route-restricted license for the following:
- Alcohol violation
- Controlled substance
- Implied consent
- Accident judgment
- False insurance certification
- Blood Alcohol Concentration (BAC .15)
- Failure to stop for a blue light
- Misrepresentation of identity
To obtain this license, you can either visit your local DMV office or download the route restricted license form online to apply. There are restrictions on where you can lawfully drive with this license. Therefore, you’ll need to provide specific details on where you commute to school or work in the application form.
There Are Several Types of Temporary Licenses after DUI Conviction in South Carolina
If you’ve been convicted of a DUI in South Carolina, you may be eligible for one of three types of temporary licenses. The first is an Alcohol Restricted License (ARL), which allows you to continue driving but with certain restrictions in place. To obtain an ARL, you must enroll in the state’s Alcohol and Drug Safety Action Program (ADSAP) and provide proof of SR-22 insurance.
Another option is a Provisional Driver’s License (PDL), which allows drivers under the age of 21 to drive with certain restrictions after a DUI conviction. With this type of license, individuals can only operate a vehicle during specific hours and cannot transport passengers under the age of 21 who are not immediate family members.
There is also a Route Restricted License (RRL) available for those who have lost their regular driver’s license due to a DUI conviction. This type of license allows individuals to drive on specific routes between their home, work, school, or ADSAP program location.
It’s important to note that eligibility requirements vary depending on your situation and past driving record. It’s always best to consult with an experienced Clemson DUI lawyer who can help guide you through the process and ensure that all necessary steps are taken toward obtaining a temporary license after a DUI conviction in South Carolina.
Conditions for Getting a Temporary Alcohol Restricted License
If you have been convicted of a DUI in South Carolina, you may be eligible for a temporary alcohol-restricted license. However, there are certain conditions that must be met before this type of license can be issued.
Firstly, the driver must have enrolled in an Alcohol and Drug Safety Action Program (ADSAP) within thirty days of their conviction. This program is designed to educate drivers about the dangers of driving under the influence and help prevent future incidents.
Secondly, the individual must not have refused a breathalyzer test at the time of their arrest. Refusing to take a breathalyzer test can result in stricter penalties and may make it more difficult to obtain any type of temporary license.
Thirdly, all fines associated with the DUI conviction must be paid in full before applying for a temporary alcohol-restricted license. Failure to pay these fines can result in further legal issues and delay or even deny eligibility for a temporary license.
It’s important to note that while this type of license allows individuals to drive during certain hours with restrictions on where they can go, it still comes with limitations. It’s crucial to speak with an experienced Clemson DUI lawyer who can guide you through the process and ensure your eligibility for any available types of temporary licenses after a DUI conviction in South Carolina.
Conditions for Getting a Provisional Driver’s License
If you are convicted of DUI in South Carolina, you may be eligible for a provisional driver’s license. This type of temporary license allows you to drive to work, school, church, or other essential locations while your regular driver’s license is suspended.
To get a provisional driver’s license, you must meet certain conditions. First, you must enroll in an Alcohol and Drug Safety Action Program (ADSAP). ADSAP is designed to help DUI offenders address substance abuse issues and make better decisions behind the wheel.
Next, you must have SR-22 insurance coverage. This type of insurance provides proof that you have the minimum amount of liability coverage required by law. You will need to maintain this coverage for three years after your conviction.
You will also need to pay any fines or fees associated with your DUI conviction before applying for a provisional license. If your blood alcohol content (BAC) was .15% or higher at the time of arrest, you may be required to install an ignition interlock device in your vehicle.
Meeting these conditions can be challenging on your own. It’s important to consult with an experienced Clemson DUI lawyer who can guide you through the process and represent your interests in court hearings and administrative proceedings.
Conditions for Getting a Route Restricted License
If you have been convicted of driving under the influence in South Carolina, you may be eligible for a route-restricted license. This type of temporary license allows you to drive only between certain locations, such as home and work or school, and only during specific hours.
To qualify for a route-restricted license, you must meet certain conditions. First and foremost, your driver’s license cannot be suspended or revoked due to any other reason besides the DUI conviction. You also need proof of enrollment in an Alcohol and Drug Safety Action Program (ADSAP).
Additionally, if this is your first DUI offense within 10 years and there was no accident involving injury or death at the time of arrest, then you are eligible for a route-restricted license after serving one month of your suspension period.
It’s important to note that violating any of the restrictions on your route-restricted license can result in serious consequences including fines, jail time, or even loss of driving privileges altogether. Therefore it is crucial to adhere strictly to all rules related to this kind of temporary licensing option.
Consulting with an experienced Clemson DUI lawyer who knows how these licenses work can help ensure that you understand all requirements before applying for them so that it will not lead to further legal troubles down the road.
License Reinstatement After DUI in South Carolina
DUI in South Carolina is a serious offense. The penalties for the first citation may not be very severe but second, third or subsequent citations carry stiff penalties. Typical penalties for a DUI charge may include jail time, fine, and mandatory drug rehabilitation program. The court may also order you to install an ignition interlock device in your vehicle.
One of the most devastating penalties of a DUI is license suspension. You may lose your license for a week, a month, a year, or even longer depending on the count, seriousness of offense and other factors. License suspension is a huge hassle and can directly impact your everyday life. Once your license is revoked, you can no longer drive to your job or pick your kids from school. This can result in loss of employment, additional costs of daily commuting and other problems.
This is why one of your first considerations after a DUI charge should be to have your driver’s license restored. This is only possible after a specific period has elapsed, depending on the count of your DUI offense. A DUI lawyer can help.
Duration of License Suspension After a DUI in South Carolina
If you are cited for a DUI for the first time, you will likely face a license suspension for six months. For the second DUI offense, the license suspension period is nine months. For the third DUI offense, you may face a license suspension of up to 12 months. Subsequent DUI offenses are categorized as a felony and result in a license suspension of up to three years.
If you have more than four citations within the lookback period, you may face permanent license suspension in South Carolina.
The actual duration of license suspension will ultimately vary from one case to another. It depends on a number of factors such as whether or not you agreed to a breathalyzer test, and your BAC level at the time of arrest. Other factors that may affect the period of suspension include whether you caused an accident when DUI, or if a DUI accident caused by you resulted in injuries.
If you continue to drive after having your license suspended, you may face harsher penalties. These include up to five years in prison and a permanent license revocation.
License Reinstatement Requirements
You can have the duration of your license suspension reduced by appealing against the DUI charge. Alternatively, you can seek alternative license options such as a provisional license or a route-restricted license.
In any case, you will need to apply for license reinstatement when you are eligible. This application is directed at South Carolina Department of Motor Vehicles (SCDMV). SCDMV then judges your application against certain requirements.
As a standard rule, you must have completed an Alcohol and Drug Safety Action Program before you apply for license reinstatement. You are also required to pay a $100 reinstatement fee. In some cases, other fines may add up and the total reinstatement fees may be higher. If you are required to pay a reinstatement fee of more than $300, you can apply for the SCDMV payment plan.
You are additionally required to submit an SR22 insurance certification when applying for license reinstatement. You can get the certificate from your insurance company and must maintain it for 36 months. If your license was suspended for multiple DUIs, an additional requirement may be to have the ignition interlock device installed before you apply for reinstatement.
Appealing Against License Suspension
In many cases, a DUI charge does not stand up to a rigorous court hearing. This is simply because a number of DUI citations are not fairly meted out. The BAC results may not support the charge or the circumstances of the case may point in favor of you.
You can contest your DUI license suspension in most cases. With a good attorney on your side, this can result in a reduction in the suspension period. In cases where evidence against you is scarce, you may have the suspension cancelled altogether and have your license revoked right away. To file an appeal against license suspension, you must contact the South Carolina Administrative Law Court.
Contact a DUI Attorney in Greenville for Assistance Today!
A DUI conviction can impact your lifestyle in many ways, one of which is the suspension of your license. However, there are times when you qualify for a provisional permit during the suspension period. Our legal team will help you explore your options and quickly apply for a temporary license to continue your life without disrupting your daily routines.
If you cannot get a hardship license, our Greenville criminal defense lawyers at The Bateman Law Firm will help you consider other options. Our services also extend to protecting your rights and trying to mitigate your sentence. So contact our law office today to get help and answers to your questions. We offer free initial consultations.