If you are charged with DUI in South Carolina and hire a DUI lawyer, that lawyer will likely do two things. The first thing will be to fight your criminal charge of DUI. The second thing will be to fight for you to be able to keep your driver's license. Many people are not aware that when you sign for your driver's license in South Carolina you give your implied consent that you will submit to a breathalyzer test. However, as we have stated in a previous post, if you are pulled over for suspicion of driving under the influence (DUI) you have the right to refuse a breathalyzer test. If you refuse the breathalyzer your license can be suspended. See the Post on Should I Take The Breathalyzer for more information.
If you refuse the breathalyzer test, your license will be suspended automatically for six months for a first offense DUI and nine months for a second DUI offense. Additionally, if you take the breathalyzer and register a blood alcohol content (BAC) of .15 or higher your license will be suspended for one month for a first offense and two months for a second offense DUI.
If your license has been suspended you have 30 days from the date of suspension to appeal your suspension. The Mt. Pleasant DUI lawyers at Anderson & Schuster, Attorneys at Law, LLC advise that you fight this administrative suspension. An administrative hearing will allow you to challenge a several aspects of your DUI arrest, including whether there was probable cause for the initial stop and arrest based on the conduct the officer observed. If you have requested an administrative hearing, you will likely be able to get a temporary alcohol license that permits you to drive while your administrative hearing is pending.
These hearings take place in front a hearing officer with the Office of Motor Vehicle Hearings, a division of the Administrative Law Court. The hearing officer, like a judge, presides over the hearing and decides the outcome of your appeal.