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Losing your license is possibly the hardest part of any DUI case. Our clients depend on their cars to get to work and school or attend medical appointments. Unfortunately, license suspension is a regular part of many DUI cases, even before conviction. A common question is how to get a license back after a DUI. Below, our Greenville DUI lawyer looks at DUI license suspension and the steps necessary to get back to legally driving. Contact us today to speak with an attorney about what steps you need to take.
Administrative License Suspension
Many drivers ask, “Is your license suspended immediately after a DUI?” The answer is “possibly, yes.” If you are arrested, your license will be administratively suspended if you refused to consent to a test or your blood alcohol concentration was 0.15 or higher. This law is found at South Carolina Code § 56-5-2951.
Unfortunately, this suspension is perfectly legal, even though you have not been convicted of DUI. South Carolina’s implied consent law states that motorists consent to participate in drug tests if they choose to drive on the state’s roads. Any refusal is a violation.
In either of these cases, an officer will issue a “notice of suspension,” which becomes immediately effective. You cannot legally drive, but you do have options.
For example, you can request an administrative hearing within 30 days of your notice of suspension. This is your chance to contest the arrest or stop by appearing at the Office of Motor Vehicle Hearings. Your lawyer can argue:
- The officer lacked reasonable suspicion to stop you.
- There was no probable cause to arrest you.
- The officer did not follow relevant policies.
Second, you can request a temporary alcohol license (TAL), which allows you to drive unrestricted in South Carolina until your contested case hearing. You will have to pay a reinstatement fee to receive the license, but it is valid until the judge renders an opinion in your administrative hearing.
If you lose your hearing, then your temporary alcohol license is revoked. You will need to take other steps to continue to drive, which a lawyer can explain. But if you win, then you should get your license back and not suffer the administrative suspension.
Alternatively, you can register for the state’s Ignition Interlock Device Program. That will require installing the device in your car.
An ignition interlock device (IID) is a small device, like a breathalyzer, which is connected to your vehicle’s ignition. A motorist must blow into the device before the car will start. The vehicle won’t start if the device detects too much alcohol. If you install the IID, you can drive until your criminal case finishes.
License Suspension After a DUI Conviction
A license suspension is a common penalty if convicted of a DUI conviction in South Carolina. The duration of the suspension will depend on various factors, including prior DUIs and any aggravating factors.
The good news is that most drivers can get their license reinstated at some point. You will have to complete several steps:
- Complete a Required Alcohol and Drug Safety Action Program (ADSAP)
This is a requirement to get your license reinstated. It is an educational program focused on reducing the risk of future DUIs. A driver can also receive substance abuse treatment as part of the program, which reduces the risk of reoffending.
- Purchase SR-22 Insurance
You might need to buy SR-22 insurance before you can receive your license back. This type of insurance is more expensive, which is one of the negative consequences of a DUI conviction. You will probably have to carry SR-22 insurance for several years.
- Install an Ignition Interlock Device
South Carolina changed its laws in 2024 to crack down on motorists who are convicted of DUI, and the primary mechanism is to require the installation of an ignition interlock device (IID) as a precondition to getting back on the road.
South Carolina passed a new law that impacts those who were arrested for DUI on or after May 19, 2024. Previously, only certain defendants needed to install the IID, but South Carolina has broadened the law considerably. At the same time, the state has eliminated the ability of many defendants to get provisional or restricted licenses. Instead, the only way to continue driving is to install the IID.
There are mandatory IID periods for those who have been convicted of DUI. Someone with four or more convictions for DUI will need to have the device installed for the remainder of their life, whereas many first-time offenders will only need to install an IID if ordered by a court.
Talk to Attorney Yarborough about your case and how to get your license back after a DUI. Although defendants must pay for the installation and service of an IID, it is at least one way to start driving.
South Carolina has also adopted more rigorous monitoring of compliance. A defendant will need to have their IID regularly calibrated and serviced. Any failure to comply can also result in penalties, including a longer IID period or even criminal charges.
- Pay the Reinstatement Fee
South Carolina currently charges a $100 fee to reinstate a license. This fee might increase in the future.
Fight Your DUI Charges
Sometimes the best response to a DUI arrest is to fight the charges. At a minimum, defendants should challenge the automatic license suspension and fight to keep their license. Any conviction carries a host of penalties and other problems, including difficulties finding a job. A DUI can create havoc several years down the road.
Call William G. Yarborough, Attorney at Law, for assistance. Our firm has more than 30 years of experience in criminal defense, including DUI cases. We can find out if the evidence of guilt is strong or whether you can raise viable defenses.
Schedule a Consultation with Our Office
A DUI license suspension can throw a wrench in most people’s lives. Now is the time to take the right legal steps to reinstate your license and keep your life on track. Contact our office to speak with Attorney Yarborough.
