What is an ALR Hearing?
Arrested for a DUI in Charleston or elsewhere in South Carolina? Your license will be at risk before you ever actually get to defend yourself against the criminal charge. The reason is that South Carolina has an administrative license revocation (ALR) process. Here, our Columbia DUI defense lawyer provides an overview of the key things that you should know about ALR hearings in South Carolina.
Many States Have an Administrative License Revocation (ALR) Process
The National Highway Traffic Safety Administration (NHTSA) explains that South Carolina is one of 41 U.S. states that have an administrative license revocation (ALR) process. The purpose of ALR laws is to remove potentially impaired drivers from the road quickly while preserving the state’s ability to impose criminal penalties later. However, the system also creates a serious procedural burden for drivers. You could lose your right to drive before ever getting a chance to have your day in court.
Your Guide to ALR Hearings in South Carolina
Under South Carolina Code § 56-5-2951, when a driver either fails a breath test (with a blood alcohol concentration of 0.15 percent or higher) or refuses testing, the South Carolina Department of Motor Vehicles (SCDMV) automatically suspends their license. When the SCDMV suspends your license under the implied consent statute, you have the right to request an ALR hearing within 30 days of receiving notice. This hearing is conducted before the Office of Motor Vehicle Hearings (OMVH). To uphold the suspension, the state must prove the following four things:
- Reasonable Suspicion: To start, law enforcement must show that the initial stop was based on specific, articulable facts suggesting a traffic violation or impairment. Random or pretextual stops violate the Fourth Amendment and cannot support a suspension.
- Probable Cause: After the stop, the officer must demonstrate sufficient evidence (such as erratic driving, slurred speech, or failed field sobriety tests) to justify the DUI arrest. Probable cause is a higher standard than suspicion but lower than proof beyond a reasonable doubt. Without it, the arrest and chemical testing may be ruled invalid.
- Informed of Rights: South Carolina law requires officers to read a “Notice of Implied Consent Rights” before requesting any chemical test. The notice explains the consequences of refusal or failure and the right to an independent test. If you were not read your rights properly, you may have a viable defense at an ALR hearing.
- Refusal or Failure: Finally, the state must show that you either explicitly refused the test or registered a blood alcohol concentration of 0.15 percent or higher. Documentation from the Datamaster DMT or a certified toxicology report serves as proof.
Contact Our Columbia, SC DUI Defense Lawyer Today
At the Law Office of Jonathan M. Harvey, our South Carolina DUI defense attorney puts clients first. If you have any specific questions or concerns about ALR hearings, please do not hesitate to contact us today for a fully confidential consultation. With a law office in Columbia, we handle DUIs throughout the entire region in South Carolina.