Getting Your License Back after a DUI Arrest
In South Carolina your driver's license is always subject to the implied
consent law. Under this law if you refuse a DUI breathalyzer test, or
if you register over a 0.15 blood alcohol content (BAC), your license
can be automatically suspended by the police. The suspension also applies
at a 0.02 level or higher for driver's under 21 years of age. An implied
consent suspension is a separate matter from your criminal DUI charge.
Even if you later are found not-guilty of the DUI you still could face
the penalties. Under the implied consent law in addition to having your
license suspended you must also enroll and complete alcohol and drug counseling
in order to reinstate your license.
Challenging the Administrative Suspension
As part of our office's service whenever we are retained for a DUI
case we will file the appropriate paperwork to challenge this administrative
suspension. This paperwork is prepared by our Lexington DUI Defense Lawyer
and then filed with the South Carolina Administrative Law Court in Columbia.
As soon as the filing is received by the Court the DMV will be notified
and will notice you that you are eligible to immediately reinstate your
license. There will be a hearing on the implied consent suspension, usually
within 30-90 days. If our challenge is upheld by the hearing officer you
will not face any administrative penalties for the alleged implied consent
violation. The outcome of an implied consent hearing generally does not
dictate the outcome of the criminal charge, so it is important to continue
to follow up with your defense in the Lexington County DUI Court.
Contact a Lexington DUI Lawyer Today
If your license has been suspended for an implied consent violation it
is important that you do not drive until your license is officially reinstated
by the DMV. If you are caught driving you could be arrested and charged
with driving under suspension, a separate criminal offense. We offer fast,
free consultation to those arrested for DUI by calling our office at (888)
301-3532. If you choose to hire our office for your case we will immediately
file a challenge on the implied suspension to get you driving legally
again as quickly as possible.