After a first-time DUI arrest in South Carolina, you’re facing more than just criminal charges—you’re also at risk of an immediate driver’s license suspension.
But you have the right to challenge this suspension through a DUI administrative hearing. Timing is critical: you only have 30 days to request a hearing or lose your driving privileges automatically. At The Law Offices of Trent Chambers, P.A., we fight to protect your license and build a strong defense from day one.
Call 843-449-0420 today for a free consultation.
What is a DUI Administrative Hearing?
In South Carolina, a DUI arrest triggers two separate legal processes:
- Criminal DUI Charge: Determines if you are guilty of driving under the influence
- Administrative License Suspension: A separate DMV action that can suspend your license—even before you go to court
The administrative hearing allows you to challenge this automatic license suspension. If successful, you may regain your full driving privileges while your case is pending.
Why Was My License Suspended?
After a DUI arrest, your license can be suspended for two main reasons:
- Refusing a Breath or Blood Test (Implied Consent Violation)
- South Carolina law requires drivers to submit to a breath, blood, or urine test if arrested for DUI
- Refusing the test results in an automatic license suspension under the Implied Consent Law
- Suspension period for first offense refusal: 6 months
- Blowing a 0.15% or Higher on a Breath Test
- If you submit to a breath test and your blood alcohol concentration (BAC) is 0.15% or higher, your license will be suspended
- Suspension period for first offense, BAC of 0.15% or more: 30 days
Regardless of the reason, you have the right to challenge the suspension at a South Carolina Administrative Law Court (ALC) hearing.
How to Request a DUI Administrative Hearing?
You must file a request with the Office of Motor Vehicle Hearings (OMVH) within 30 days of your suspension notice. The easiest and fastest way to request a hearing is made using the Notice of Suspension Form that is provided to you, the request must include the $200 filing fee.
Once your request is received, the DMV can issue a temporary alcohol license, allowing you to drive legally while waiting for your hearing.
What Happens at a DUI Administrative Hearing?
The administrative hearing is not a criminal trial—it is a DMV proceeding where we challenge the legality of your suspension. The hearing officer will determine:
- Did the officer have reasonable suspicion to stop your vehicle?
- Did the officer properly inform you of your rights?
- Was the breathalyzer test administered correctly?
- Was there probable cause to arrest you for DUI?
- If you refused the test, were you properly warned about the consequences?
At Chambers Law, we aggressively cross-examine the arresting officer, challenge flawed evidence, and identify procedural errors that can lead to a dismissal of your suspension.
Possible Outcomes of Your DUI Administrative Hearing
After the hearing, the judge will issue a ruling. Possible outcomes include:
- License Reinstated: If we win, your full driving privileges are restored.
- Suspension Upheld: If the judge rules against you, your license remains suspended for the full period.
- Eligibility for a Restricted License: Even if the suspension is upheld, we can often help you obtain a provisional or ignition interlock device (IID) license.
What if I Lose My Hearing?
If your suspension is upheld, you may still qualify for a route-restricted or ignition interlock license, allowing you to drive for essential purposes (work, school, medical care). We will explore every option to keep you on the road.
How We Defend You at DUI Administrative Hearings
At Chambers Law, we take a strategic approach to DUI administrative hearings by:
- Challenging the traffic stop: Was there reasonable suspicion to pull you over?
- Questioning breathalyzer accuracy: Was the machine calibrated and used correctly?
- Examining police errors: Did the officer follow proper protocol?
- Disputing implied consent violations: Were you properly warned about refusing the test?
Even if you ultimately face criminal DUI charges, winning the administrative hearing helps protect your license while you fight your case.
Why You Need a Lawyer for a DUI Administrative Hearing
Many people assume a DUI administrative hearing is just a formality, but this is a critical first step in fighting your DUI case. A successful administrative defense can weaken the state’s case in your criminal trial. With over 20 years of experience, Attorney Trent Chambers knows how to challenge police procedures, question unreliable evidence, and expose legal errors that can get your license reinstated.
