If you are facing a driving under the influence (DUI) charge in South Carolina, you are facing several penalties. These penalties include suspension of your driver’s license. However, getting convicted of DUI isn’t the only way you can lose your license after a drunk driving arrest. There are also certain circumstances in which you can lose your driver’s license automatically.
Regardless of how and when you lose your driver’s license, getting it back isn’t cheap. Of course, being unable to drive comes with its own costs and complications as well. While you may be eligible to apply for a temporary alcohol license, this isn’t always an option, and this comes with its own unique set of costs and challenges.
With all of this in mind, if your driving privileges are at risk, you will want to hire an experienced DUI defense lawyer to help you fight to protect them by all means available. Keep reading to learn more.
When You Can Lose Your Driver’s License After a DUI in South Carolina
As we said above, while getting convicted of DUI is one way you can lose your driving privileges after a drunk driving arrest in South Carolina, this isn’t the only way your driving privileges are at risk. Under South Carolina law, you can lose your driver’s license as a result of any of the following:
- Getting convicted of DUI in court
- Pleading guilty or no contest in your DUI case
- Refusing to take the breathalyzer during your DUI stop
- Having a blood alcohol concentration (BAC) of 0.15% or above
If you refuse the breath test or your BAC is 0.15% or above, you can lose your driver’s license automatically. This means that your driving privileges will be suspended before you are proven guilty of DUI—and even if a DUI conviction is warranted. Both of these are considered violations of South Carolina’s “implied consent” law, and implied consent violations can have other consequences as well.
Driver’s License Suspensions in South Carolina DUI Cases
If you are facing a driver’s license suspension after a drunk driving arrest in South Carolina, the duration of your license suspension will depend on why your driving privileges are at risk and whether you have a prior record. In most cases, the potential driver’s license suspensions are as follows:
Implied Consent Violation
- First Offense: Six months
- Second Offense: Nine months
- Third Offense: 12 months
Driving Under the Influence (DUI) Conviction
- First Offense: Six months
- Second Offense: 12 months
- Third Offense: 24 months (48 months for a third offense within five years)
Felony DUI Conviction
- Great Bodily Injury: 36 months
- Death: 60 months
Underage DUI Conviction
- First Offense: Three months
- Second Offense: Six months (if within five years)
Driving on a suspended license also has serious consequences in South Carolina. If you get caught driving on a suspended license after a DUI arrest, you can be fined $300 and sentenced to up to 30 days in jail for a first offense. As a result, if you lose your driver’s license, you will need to make alternate arrangements to get where you need to go (unless you obtain a temporary alcohol license under South Carolina’s “implied consent” law), and you will want to make sure you are able to restore your driving privileges as soon as possible.
Fighting to Protect (or Restore) Your Driving Privileges
Of course, before you focus on restoring your driving privileges, you should focus on doing everything you can to protect your ability to drive. What you need to do to protect your driver’s license depends on why your driver’s license is at risk:
- Automatic Driver’s License Suspension (Implied Consent Violation): If you are facing an automatic driver’s license suspension as the result of an implied consent violation (or an alleged implied consent violation), you will need to request an administrative hearing before the Office of Motor Vehicle Hearings at the South Carolina DMV. Alternatively, you may be able to apply for a “temporary alcohol license” if successfully challenging your driver’s license suspension is not a viable option.
- Driver’s License Suspension Due to a DUI Conviction – If you are at risk of losing your driver’s license in court, protecting your ability to drive will involve fighting your DUI. While there are several potential defenses to DUI charges in South Carolina, you will need to choose the right defenses based on the specific circumstances involved in your case. Alternatively, negotiating a plea deal that protects your driving privileges could be an option; and, if you are a first-time DUI offender, you may be eligible for pre-trial diversion (which allows you to avoid a conviction regardless of the facts of your case).
If you lose your driver’s license as the result of a DUI arrest, eventually you will need to go through the process of having your driving privileges restored. Under a new law passed in 2024, this means that you will need to have an ignition interlock device installed in your vehicle. As the South Carolina DMV explains:
“Effective May 19, 2024, an Ignition Interlock Device (IID) will be required to install to clear DUI/DUAC and Felony DUI suspensions for violations dated on or after this date. The Ignition Interlock Program is overseen by the state Department of Probation, Parole and Pardon Services, which provides details on its website.”
This is in addition to paying the reinstatement fee, paying for SR-22 auto insurance, and meeting certain other requirements. Having your driver’s license suspended can be very expensive, and this makes it well worth hiring an experienced DUI defense lawyer to represent you.
Schedule a Free Consultation with a Rock Hill, SC DUI Defense Lawyer Today
Do you need to know more about the costs (and other consequences) involved with facing a DUI in South Carolina? If so, we encourage you to contact us promptly. To schedule a free consultation with an experienced Rock Hill, SC DUI defense lawyer as soon as possible, call 803-328-8822 or tell us how we can reach you online today.