South Carolina Driver's License Hearings Law Firm
In South Carolina, it is possible to actually face two separate driver's license suspensions. In both cases, you have the right to challenge an administrative license suspension (ALS) by requesting a hearing.
The clock to keep your driver's license starts as soon as you are arrested on suspicion of DUI. Because there is a limited amount of time — 30 days from your arrest — to request a driver's license hearing, it is imperative to contact an attorney as soon as possible after you are arrested. The earlier you talk to a DMV license suspension lawyer at the Law Offices of Richard J. Breibart, LLC, the faster you can request an administrative license hearing to get your driving privileges reinstated. Call 866-645-8743 or contact our office online.
South Carolina's Implied Consent Law
Under South Carolina's implied consent law, if you refuse to take a Breathalyzer exam or your blood alcohol concentration (BAC) level is found to be above .15, your driver's license will be suspended for six months. This period could double if you have any previous administrative license suspensions or DUI convictions. This suspension stands even if you are later found not guilty of any DUI charges.
Your driver's license can also be suspended by the South Carolina Department of Motor Vehicles if you are convicted of drunk driving, even if it is a first-time DUI offense.
Getting Your License Back After a Suspension
If you don't challenge your impaired driving administrative license suspension, you can only get your license back by completing an alcohol education course: the South Carolina Alcohol and Drug Safety Action Program (ADSAP). This course costs over $500 and may require additional treatment that could cost up to another $2,000.
After successfully completing the program, paying a licensing fee and proving that you have proper insurance coverage (such as a SR22), you will be able to have your driving privileges reinstated.
However, if you request an administrative hearing, you may be able to retain your driving privileges without the trouble and expense of the ADSAP program.
Administrative License Suspension Hearings
At the Law Offices of Richard J. Breibart, LLC, our Lexington driver's license attorneys will request a hearing witha specialized hearing officer. At the hearing, the police officer will have to provide legal proof to have your license suspension upheld. Our attorneys will rebut this proof, challenging the reasons for the initial police stop, why you were arrested and whether proper procedures were followed when your BAC test was administered. Based on the circumstances of your case, it is possible that the administrative court will reinstate your license immediately. To learn more about how we can help challenge your license suspension, call us at 866-645-8743 or contact our office online.
We also help clients apply for temporary or provisional licenses that can be used to drive to work or school. Our attorneys represent people throughout the state, including those from communities such as Lugoff, Darlington and Chesterfield.
