The licence case
Licence suspension after a DUI arrest in South Carolina
The licence proceeding has its own deadlines. Check the applicable notice or order, not just the criminal court date.
Hearing-request deadline in South Carolina: Within 30 days of issuance of the suspension notice.
S.C. Code § 56-5-2951 (opens in a new tab)The notice identifies your proceeding. Conditions below.
The window
- Deadline to request a hearing
- Within 30 days of issuance of the suspension notice.
- This is the administrative suspension procedure under § 56-5-2951. Its hearing-request period runs from issuance of the suspension notice, not from a criminal court date.
- A hearing request is separate from obtaining a temporary alcohol license or enrolling in the Ignition Interlock Device Program. The request alone is not a temporary driving license.
- Without a timely hearing request, the hearing right is waived and the suspension continues.
- Hearing procedure under the cited rule
- Request a contested case hearing before the South Carolina Office of Motor Vehicle Hearings under its rules of procedure.
- This is the administrative suspension procedure under § 56-5-2951. Its hearing-request period runs from issuance of the suspension notice, not from a criminal court date.
- A hearing request is separate from obtaining a temporary alcohol license or enrolling in the Ignition Interlock Device Program. The request alone is not a temporary driving license.
- Without a timely hearing request, the hearing right is waived and the suspension continues.
- Suspension under the cited rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Suspension length after a refusal
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
What happens if the window closes
The effect of a missed hearing-request deadline depends on the proceeding and the applicable law. This page does not determine whether review is still available or whether a particular licence restriction applies. A defence lawyer can review the notice or order and explain the available procedures.
Whether South Carolina offers a restricted licence in that situation, and on what conditions, is a state-specific question:
- Hardship or restricted licence
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Ignition interlock, first offense
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
How the two cases relate
A licence restriction may arise from a test result, a refusal or a criminal conviction. Those are not interchangeable grounds. The source and conditions attached to each rule matter; this page does not predict how one proceeding will affect another in a particular case.
The two legal questions
The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.
Driving privileges
The licence case
- Forum
- The agency or court identified by the applicable licence proceeding
- Clock
- Check the applicable notice or order for the deadline and its starting event
- Deadline to request a hearing
- Within 30 days of issuance of the suspension notice.
- This is the administrative suspension procedure under § 56-5-2951. Its hearing-request period runs from issuance of the suspension notice, not from a criminal court date.
- A hearing request is separate from obtaining a temporary alcohol license or enrolling in the Ignition Interlock Device Program. The request alone is not a temporary driving license.
- Without a timely hearing request, the hearing right is waived and the suspension continues.
- Suspension under the cited rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Criminal charge
The criminal case
- Forum
- A criminal court
- Clock
- Check court notices and orders; no case duration is predicted here
- Alcohol-concentration threshold
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- First-offense penalty rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.