Will I Lose My License After a DUI?
Arrested for a DUI in South Carolina? Your driver’s license is in danger. You could lose your license because of a drunk driving charge, potentially for a significant period. Still, you have the right to defend yourself. Here, our Columbia drunk driving defense lawyer explains the key things to know about what will happen to your license after an arrest for a DUI in South Carolina.
A Non-Criminal Suspension Comes First: Administrative License Suspension After a DUI
In South Carolina, you can lose your license at the administrative level before you ever lose it because of a criminal conviction. It is an important point to be aware of after a drunk driving arrest. Under S.C. Code Ann. § 56-5-2951, your driver’s license may be administratively suspended if you refuse a chemical breath test or if you take the test and register a blood alcohol concentration (BAC) of 0.15 percent or higher. A refusal results in an automatic six-month suspension for a first offense. On the other hand, a high BAC can lead to a one-month suspension.
Note: The administrative penalty is separate from any criminal penalties. However, you have the right to request an administrative hearing before the Office of Motor Vehicle Hearings within 30 days to challenge the suspension. A Columbia DUI defense lawyer can help.
Criminal Penalties for DUI Convictions and License Loss
Any administrative suspension is only the beginning of the process for your driver’s license in South Carolina. Under state law, a DUI conviction itself carries mandatory license suspension penalties. Your history will help to determine the length of any suspension:
- For a first offense DUI, the suspension period can last up to six months;
- A second conviction results in a one-year suspension; and
- A third conviction can result in a two-year suspension or longer.
Aggravated factors are relevant as well. If you are convicted of a felony DUI involving great bodily injury or death, the license revocation period may extend far longer than the general license suspension guidelines. Further, a South Carolina court may also require you to complete an Alcohol and Drug Safety Action Program (ADSAP) before you can reinstate your license.
What to Know About Ignition Interlock Devices
South Carolina law also uses ignition interlock devices (IIDs) as a condition for license reinstatement in DUI cases. Depending on your BAC level or the number of prior offenses, you may be required to install an IID on your vehicle. The device requires a breath sample to start the car and randomly during operation. Participation in the IID program may allow you to regain restricted driving privileges earlier than would otherwise be allowed under state law.
Set Up a Confidential Consultation With a Top Columbia DUI Defense Attorney
At the Law Office of Jonathan M. Harvey, our South Carolina DUI defense lawyer advocates aggressively for the best interests of clients. If you or your loved one was arrested for a DUI, we can help. Contact us today for a fully confidential initial case evaluation. With an office in Columbia, our firm defends DUI charges throughout the broader region of South Carolina.