Provisional (Hardship) License in South Carolina and DUI

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.

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.