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DUI and Notice of Suspension

DUI and Notice of Suspension

If you have been arrested for DUI you may have been given a Notice of Suspension form by the police.

This is an important document, and it’s important that you take it seriously.

Under South Carolina law your driver’s license (or privilege to drive in SC if you are from out of state), can be suspended immediately by the police if you refuse to take a breath, blood or urine test, or if you provide a breath sample of 0.15 BAC or higher.

This suspension will automatically remain in place, even if your DUI is later reduced or dismissed. In addition you’ll have to complete the ADSAP program. Again, this is even if your DUI was later reduced or dismissed.

We include the filing of a petition to challenge this suspension at the Office of Motor Vehicle Hearings as a standard part of our DUI defense service. We can normally have that petition filed the same-day (or first-thing next morning), we are hired.

Once the petition is filed the DMV will be notified. Within a day or two you will be eligible to obtain a Temporary Alcohol License (TAL), which allows you to drive unrestricted in South Carolina. There is not requirement to have a route restriction, install an interlock device, obtain SR-22 insurance, or enroll in ADSP.  You will be able to obtain the TAL over the counter at any DMV branch.

There is only a limited time-frame to file the petition. It is very important that you not drive until your driving privileges are restored. Otherwise you can be arrested and face a driving under suspension charge. This can result in even another suspension, again even if your DUI is later reduced or dismissed.

To get our help call us at 1-888-301-3532. We’re accepting DUI cases state-wide, and can take the steps necessary to help you right away.


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