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Charleston OMVH Administration Hearings Lawyer

Charleston OMVH Administration Hearings Lawyer

Helping convicted DUI drivers restore their driving privileges in Charleston

If you are charged with a DUI (Driving Under the Influence) or a DUAC (Driving with an Unlawful Alcohol Content), the arresting police officer will take your driver’s license immediately if you refuse to submit to a breath test or your blood alcohol content (BAC) is .15 or higher. You only have 30 days from the date your license was suspended to request a formal Office of Motor Vehicle Hearing (OVMH). At The Law Offices of A. Randolph Hough, P.A., our Charleston OMVAH administration hearings attorney is skilled at showing breath tests are invalid, and the high BAC readings are incorrect. We fight to dismiss DUI charges. We also pursue alternatives such as a provisional license or an interlock ignition device (IID) so you can continue to drive.

“Remember, an arrest is not a conviction.”    -    Attorney Hough

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When can an arresting officer seize your driver’s license?

Drivers in Charleston who are stopped by the police for drunk driving have more to worry about than jail time if they are convicted of a DUI, DUAC, or a felony DUI. If you refuse to provide a breath sample for a breathalyzer test, or blood or urine for a chemical test, your driver’s license will be seized immediately, not after your DUI trial. Likewise, if your breath test results at the local police station show that your blood alcohol content (BAC) level is .15 or greater, the police will seize your license immediately.

When your license is seized, the arresting order must provide you with a “Notice of Suspension.”  The suspension period for refusing to submit to a breath test is at least six months. If your BAC is .15 or higher the suspension period is a minimum of 30 days or longer if you have prior convictions. The suspension applies even if your DUI charges are dismissed or you’re acquitted.

How much time do I have to request a hearing if my license is seized?

If the arresting officer takes your driver’s license due to your refusal to take a chemical test or your BAC is .15 or higher – you must request an administrative hearing with the Office of Motor Vehicle Hearings within 30 days from the date of the Notice of Suspension.

You cannot fight your suspension after a DUI arrest if you do not request the OMVH within 30 days. Once your license is suspended, you need to take certain steps to restore your driving privileges, including taking alcohol education classes.

Please contact our Charleston criminal defense lawyer as soon as possible if your license was taken after a DUI arrest or breath test refusal. If you wait too long, you’ll forfeit your rights.

What happens at my Charleston OMVH administrative hearing?

Your OMVH administrative hearing takes place before a hearing officer – not a judge and a jury. The arresting officer and the person who administered the breath test (or any other tests) will be present.

Our Charleston OVMH attorney asserts all your defenses. These defenses may include:

  • The arrest and detention were not legal
  • You were not verbally informed of your statutory rights and given a written copy of these rights
  • The breath test was administered incorrectly
  • You did not refuse the breath test and the BAC result
  • The person who administered the test or took samples was not qualified
  • The tests were not administered properly
  • The test machine was not working properly
  • The test results were not accurate

What are the possible results of an OMVH administrative hearing?

At The Law Offices of A. Randolph Hough, P.A., our Charleston OMVAH administration hearings attorney fights to obtain the strongest result possible so you can drive.

When you request an OMVH hearing, you can also request a Temporary Alcohol License (TAL) that you can use until there is a decision about the suspension. There are no restrictions while you drive with a TAL.

  • If the suspension is upheld, you:
    • Can continue to use the TAL until the Department of Motor Vehicles sends notice that you will have to return the TAL.
    • Will have 30 days to enroll in an authorized Alcohol and Drug Safety Action Program.
    • Can request to be enrolled in the Ignition Interlock Device Program.
  • If the suspension is denied, you:
    • Should be able to get your original driver’s license back—we’ll advise you regarding how to do so. However, if you are later convicted of a DUI, DUAC, or a felony DUI, your license will be suspended again.

Can I obtain a provisional driver’s license so I can drive?

If your license suspension is upheld at the OVMH, or you are convicted of a DUI (or a DUAC or a felony DUI), then you may be eligible for a provisional driver’s license. A provisional driver’s license is different than a TAL). There are specific eligibility requirements for a provisional license:

  • Your BAC must be .14 or lower.
  • You cannot have any prior offenses.
  • You must enroll in the Alcohol and Drug Safety Action Program.
  • You must have (or have had) a South Carolina driver’s license.
  • “You must have met all requirements for prior suspensions, revocations, and cancellations.”
  • You need to pay $100 for the provisional license.
  • You must have no other suspensions after the DUI or DUAC suspension. Some exceptions may apply.

What is a route restrictive license?

If you’re not eligible for a TAL or provisional driver’s license, a restricted route license (if you’re eligible) grants you the right to drive a regular, non-commercial vehicle during the activities below:

  • From work or school
  • During work or school
  • To and from an Alcohol and Drug Safety Action Program (ADSAP)
  • To and from a court-ordered drug program

A route restrictive license is valid for the length of the suspension. You’re eligible for a restricted route license once in your lifetime. The eligibility requirements include many different types of suspensions, such as a BAC of .15, false insurance certification, misrepresentation of identity, and other suspensions.

If you refused the breath test or your BAC was .08 or higher, you will need to install an ignition interlock device at your own expense – if you are eligible for a TAL, a provisional license, or a restricted route license.

The Law Offices of A. Randolph Hough, P.A. also aggressively defends clients against other criminal charges, including assault, arson, kidnapping, and charges against college students. We also handle drunk driving defense.

Do you have a Charleston administration hearing lawyer near me?

The Law Offices of A. Randolph Hough, P.A. meets drivers at our Charleston Office at 171 Church St #160. We make alternate arrangements if your license is suspended, including discussing your case by phone and through video.

We understand how much you need your license to work and do your daily activities. We’ll fight to restore your driving privileges.

1720 Main St. Suite 105
Columbia, South Carolina 29201
Phone: (803) 219-2740
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171 Church Street, Suite 160
Charleston, SC 29401
Phone: (843) 507-4558
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Call our Charleston OMVH lawyer now to fight to restore your ability to drive

Lawyer A. Randolph "Randy" Hough is a former prosecutor with 30 years of criminal law experience, including DUI defense. He is skilled at contesting the suspension of a driver’s license. He also helps cut through the red tape so you can obtain a TAL, provisional license, or a route restrictive license. Time is of the essence if an officer takes your license. Contact The Law Offices of A. Randolph Hough, P.A. today to schedule a consultation. Call our Charleston OMVH lawyer or fill out our contact form now.