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Many of my clients that get arrested for Driving Under the Influence (DUI) are still in a state of shock and disbelief when they contact me. That reaction is completely understandable since being arrested for a DUI is a serious offense and will have a lasting impact on your life in the event that you are found guilty. The two most important things to do following an arrest for DUI is to consult an attorney and decide whether or not you are going to request an administrative hearing.
The administrative hearing is separate from the criminal court of law and will only address the suspension of the person’s license. Refusing to provide a breath sample will result in an automatic six-month suspension which will require you to enroll in the Alcohol and Drug Safety Action Program (ADSAP). Your driving privileges will also be suspended for 30 days if you provide a breath sample of .15 Blood Alcohol Concentration (BAC) or higher.
Requesting a Temporary Alcohol License in an Administrative Hearing
The administrative hearing is the due process portion of the suspension following an arrest for DUI. The administrative hearing must be requested within the first 30 days following the arrest and it will cost $200 to schedule the hearing. Once the request has been submitted, the Office of Motor Vehicle Hearings will notify the DMV that an administrative hearing has been requested which typically takes about week for the DMV to receive the paperwork. The primary benefit of making the request for the administrative hearing is that it allows you to request a Temporary Alcohol License (TAL) from the DMV which will allow you to drive in the State of South Carolina without restrictions until you have had a chance to challenge the suspension at the administrative hearing. The cost for the TAL is $100.
The instructions for making the request for the administrative hearing are on the back of the forms you should have received from the arresting officer. You should receive a copy of your implied consent rights as well as a notice of suspension if your license is suspended. In the event that you do not have copies of these documents then contact the detention center or the arresting agency as soon as possible.
Contact a Skilled Defense Attorney Today
A criminal defense attorney can help you make the request for the administrative and assist you with both the administrative hearing and the pending DUI charge. Remember, time is of the essence for requesting the administrative hearing so don’t wait to contact us here at Schiller & Hamilton.