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DUI arrests and administrative license hearings

When you have been found to be driving under the influence of alcohol in South Carolina, you will be subject to a DUI arrest. When this happens you will probably be thinking primarily about the criminal charges you are facing and what these charges will mean for your future.

However, it is important that as a person convicted of driving under the influence of alcohol, you have other duties in relation to the law. You will have a certain amount of time in order to request an administrative hearing with the South Carolina DMV office. In doing this, you will be able to avoid a more lengthy suspension of your drivers' license.

How do drivers' license suspensions work?

When you have been reasonably suspected of driving under the influence of alcohol in South Carolina, you will be subject to having your drivers' license automatically suspended. This is because law enforcement wants to edge on the side of caution, and need to verify the situation before allowing you to drive away and potentially pose a danger to others.

After this automatic suspension, you will need to file a request for a hearing within a certain number of days after the original complaint was filed. It is vital that you make a request for this hearing, because it allows you the opportunity of possibly having your driver's license reinstated.

What is a DMV administrative license hearing like?

When you attend an administrative license hearing with the DMV, you are not in a criminal proceeding, but rather you are in an office where you can explain the situation along with any evidence you have. You are allowed to have an attorney present with you if you wish. A hearing officer instead of a judge will listen to your situation, and will decide whether the evidence and explanation suggests that you were appropriately arrested for driving under the influence of alcohol or for refusing to perform a Breathalyzer test.

If you have been found to be driving under the influence of alcohol in the state of South Carolina, it is important that you take action to request an administrative license hearing to contest the conviction.

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