DUI.lawDUI.law

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.
Verified S.C. Code § 56-5-2951Official source (opens in a new tab)
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.
Verified S.C. Code § 56-5-2951Official source (opens in a new tab)
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.
Verified S.C. Code § 56-5-2951Official source (opens in a new tab)
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.