South Carolina DUI License Suspensions

In addition to the criminal charges that go along with a South Carolina DUI arrest, there are also potential civil license consequences. It is important to understand that the the civil suspension issues are separate, and that a hearing must be requested within 30 days.

South Carolina Implied Consent Law

All drivers in South Carolina are deemed to have consented to any breath, blood, saliva, or urine test which is requested by a police officer who has a reasonable belief that the driver has committed a DUI offense.

Source: South Carolina Code of Laws Title 56 (Motor Vehicles) 56-5-2950

Testing procedures:

The first step after a police officer stops a driver is that the officer will request a breath test. The officer must inform the driver that his or her license to drive will be suspended if he or she refuses, and that the fact that the driver refused can be used against them in court, as well as the right to have additional tests done and the right to a hearing if the driver requests one within 30 days. If there is some medical reason why a breath test cannot be taken, the officer will take a blood test. The officer may conduct the breath test personally, but only a Board-certified medical professional can draw the driver's blood. The driver has the right to request an additional test, and if he or she does so, the officer must transport the driver to the nearest certified testing facility. If the driver refuses to take the test, his or her license to drive will be suspended for 6 months, or 1 year if the driver has ever been convicted of a DUI offense in the past. The driver's license will also be suspended if he or she takes the test and the test indicates the driver has a BAC of at least 0.15.

Source: South Carolina Code of Laws Title 56 (Motor Vehicles) 56-5-2950, 56-5-2951

If the driver requests a hearing, it must be held within 30 days. The purpose of the hearing is to determine whether the driver was legally arrested, informed of his or her rights and the consequences of refusing a test, and (if the test was given and the driver failed it) whether the test was given according to the correct procedure, or (if the driver refused) whether the driver actually refused the test. If the hearing officer does not restore the driver's license to drive, it will remain suspended as follows:

First suspension: If the driver has not had his or her license suspended for at least 10 years, it will be suspended for 6 months if the driver refused the test and for 1 month if the driver took the test and had a BAC of at least 0.15.

Second suspension: If the driver has had his or her license suspended once in the last 10 years, it will be suspended for 9 months if the driver refused the test and for 2 months if the driver took the test and had a BAC of at least 0.15.

Third suspension: If the driver has had his or her license suspended twice in the last 10 years, it will be suspended for 12 months if the driver refused the test and for 3 months if the driver took the test and had a BAC of at least 0.15.
Fourth suspension or more: If the driver has had his or her license suspended at least 3 times in the last 10 years, it will be suspended for 15 months if the driver refused the test and for 4 months of the driver took the test and had a BAC of at least 0.15.

Source: South Carolina Code of Laws Title 56 (Motor Vehicles) 56-5-2951