Understanding the Administrative Side of a DUI Arrest
When you are arrested for a DUI in South Carolina, you are often facing two separate battles. The first is the criminal case in court, which deals with potential fines, jail time, and a permanent criminal record. The second is an administrative action taken by the South Carolina Department of Motor Vehicles (DMV). Many people are surprised to learn that their driving privileges can be suspended by the DMV regardless of whether they are ever convicted of a crime in court.
If you refused a breath test or provided a sample with a blood alcohol concentration (BAC) of .15 or higher, South Carolina law requires the DMV to suspend your license. This suspension is automatic and begins the day you are arrested. At Burns & Burns Law Firm in Rock Hill, SC, we understand how stressful this is. With our team’s background as former law enforcement officers and former prosecutors, we know exactly how these administrative processes work and how to help you navigate them.
What is an OMVH Administrative Hearing?
The Office of Motor Vehicle Hearings (OMVH) is the body responsible for reviewing these automatic suspensions. An administrative hearing is your opportunity to challenge the suspension of your license. It is important to understand that this is not a criminal trial. There is no jury, and the goal is not to determine your guilt or innocence regarding the DUI charge itself. Instead, the hearing officer focuses on specific legal issues, such as whether the officer had reasonable grounds to stop you, whether the arrest was lawful, and whether the testing procedures were followed correctly.
The Importance of Acting Within 30 Days
Time is the most critical factor in these cases. You have only 30 days from the date of your arrest to request an administrative hearing. If you miss this window, you forfeit your right to challenge the suspension, and it will remain on your record. Because the administrative process is separate from your criminal case, even if your DUI charges are eventually dropped or dismissed, the license suspension can remain in effect if you do not successfully challenge it at the OMVH level.
Can You Keep Driving?
One of the most common questions we hear is whether a person can continue to drive while waiting for their hearing. When you request an administrative hearing, you can apply for a Temporary Alcohol Restricted License (TARL). This document allows you to drive legally in South Carolina while you await the outcome of your hearing. Securing this license is often a top priority for our clients, as it helps maintain your ability to get to work, school, and manage daily responsibilities.
What Happens During the Hearing?
During the hearing, the arresting officer—and sometimes the person who administered the breath test—will be present to provide testimony. Your attorney will have the opportunity to cross-examine these witnesses. The hearing officer will review the evidence, including the officer’s report and any documentation regarding the chemical testing. If your attorney can demonstrate that there were significant errors in the process or that the state failed to meet its burden of proof, the hearing officer may lift the suspension, allowing your regular driving privileges to be restored.
- The hearing is strictly administrative, not a criminal trial.
- The focus is on the legality of the stop and the accuracy of the testing procedures.
- You must request the hearing within 30 days of your arrest.
- A Temporary Alcohol Restricted License (TARL) can help you maintain mobility while your case is pending.
- Winning the administrative hearing does not automatically resolve your criminal DUI charge, but it is a vital step in protecting your rights.
Navigating the OMVH process requires a clear understanding of South Carolina’s implied consent laws and administrative procedures. If you are facing a license suspension, do not wait until the 30-day deadline passes. Contact Burns & Burns Law Firm in Rock Hill, SC, to discuss your case and ensure you have a strong advocate by your side during your administrative hearing.
Have Questions About Your Case?
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