Check Your Court Date and Your Paperwork First
A driving under suspension ticket comes with a court date. Find it on the ticket or on your bond papers and write it down somewhere you will see it. Then go to every court date on your paperwork.
Next, gather everything that explains the suspension. That may include:
- The ticket or warrant for this charge
- Any notice of suspension an officer handed you after an earlier DUI arrest
- Letters from the DMV about your license
- Court papers from the case that led to the suspension
- A copy of your driving record, if you have one
Keep the originals together in one folder and bring copies to your first conversation with a lawyer. If you think a DMV letter is missing, say so. A lawyer can help you find out what your DMV record shows.
Confirm your driving status before driving again. Do not assume that paying a fine, finishing a suspension period or resolving a court case automatically restores your license. Check your status with the South Carolina DMV and complete any reinstatement requirements that apply before you drive.
If the suspension came from a recent DUI arrest, there may be a second clock running. A driver suspended for refusing a test or for a result of 0.15% or higher has 30 days from the date the notice is issued to ask for a hearing.3 Our DUI page explains that hearing.
Does the Reason for My License Suspension Matter?
Yes. South Carolina law treats driving under suspension differently depending on why the license was suspended or revoked.1
A suspension for unpaid obligations or other non-DUI reasons may carry different penalties from a suspension connected to a DUI or felony DUI conviction. The higher penalties apply to suspensions under the DUI and felony DUI statutes; they do not automatically cover every alcohol-related administrative suspension. Prior convictions can also increase the potential penalties.1
The ticket, your DMV driving record and the papers from the original suspension matter because they help show which law applies.
Possible Penalties
For a suspension that isn't DUI-related, the jail term set by law is up to 30 days for a first offense, up to 60 days for a second, and up to 90 days or qualifying home detention for a third or later offense. Fines and further license consequences also apply.2
When the suspension was for a DUI or felony DUI conviction, the ranges are higher:
- First offense: a $300 fine or 10 to 30 days in jail.
- Second offense: a $600 fine or 60 days to 6 months.
- Third or later offense: a $1,000 fine and 6 months to 3 years.4
No part of the minimum sentence in that category may be suspended. These are the ranges the law allows, before court costs and assessments, not a prediction for any case.4
Want someone to look at your situation?
Talk with us about the charge and ask the questions on your mind.
A Conviction Can Extend Your Suspension
Beyond fines or jail time, a driving under suspension conviction can add to the time before you can legally drive again. The additional period depends on the original suspension and the law that applies.5
Talk to Us About a Driving Under Suspension Charge
We start by listening. Bring the ticket, your DMV letters and your driving record if you have them. If you have an open DUI case or another ticket at the same time, tell us at the start.
We take criminal cases in the Charleston area. Our office is on King Street in downtown Charleston. The first conversation can happen by phone.
For the bigger picture, see our criminal defense overview.
South Carolina Law on This
- South Carolina law treats driving under suspension differently depending on why the license was suspended or revoked. Driving while a license is canceled, suspended or revoked for most reasons falls under the general driving under suspension law. Higher penalties, including mandatory minimum jail sentences, apply when the suspension or revocation was under the DUI or felony DUI statutes (S.C. Code §§ 56-5-2990 or 56-5-2945); that category does not automatically cover every alcohol-related administrative suspension. Prior convictions can also increase the potential penalties.1
- Driving under suspension is a criminal offense in South Carolina, and jail time is possible even for a first offense. For a suspension not covered by the DUI-related subsection, the statutory jail term is up to 30 days for a first offense, up to 60 days for a second offense, and up to 90 days or qualifying home detention for a third or subsequent offense. The statute also provides fines and additional license consequences.2
- A driver whose license is suspended for refusing a chemical test or having a blood alcohol concentration (BAC) of 0.15% or higher has 30 days from the date the notice of suspension is issued to request a contested case hearing before the South Carolina Office of Motor Vehicle Hearings. If the driver does not request a hearing within that period, the right to the hearing is waived, and the suspension continues for the applicable statutory period. Because this deadline can affect driving privileges, drivers should speak with a DUI defense attorney promptly after receiving a notice of suspension.3
- Higher penalties apply when the suspension was for a DUI conviction or felony DUI: for a first offense, a $300 fine or 10 to 30 days in jail; for a second offense, a $600 fine or 60 days to 6 months; and for a third or later offense, a $1,000 fine and 6 months to 3 years. No part of the minimum sentence may be suspended.4
- A driving under suspension conviction generally results in an additional suspension period, which can extend the time before a person can legally drive again. For a definite suspension, the extension ordinarily equals the original period. Different rules apply to indefinite suspensions and revocations.5
- In a driving under suspension case, how the suspension was imposed, whether the DMV provided legally required notice, and what the records show can be important. Not receiving or reading a particular letter does not automatically mean the charge will be dismissed.6
- For most bailable offenses, South Carolina law generally requires a bond hearing within 24 hours after arrest. Special rules apply to certain charges, limited exceptions can allow a delay, and a bond hearing does not guarantee release. A person may also receive a citation or summons without being arrested and taken into custody, so not every charge begins with a bond hearing.7
Frequently Asked Questions
I didn't know my license was suspended. Does that matter?
It may. How the suspension was imposed, whether the DMV provided legally required notice, and what the records show can be important. Not receiving or reading a particular letter does not by itself mean the charge goes away.6 Keep any DMV notices and ask a lawyer to review your driving record and the circumstances of the suspension.
Can I go to jail for driving under suspension?
Yes. Driving under suspension is a criminal offense in South Carolina, and jail time is possible even for a first offense.2 Penalties depend on why your license was suspended and whether you have qualifying prior offenses.1 Some DUI-related suspensions carry mandatory minimum jail sentences.4 A conviction can also result in additional license suspension or revocation.5
Is driving under suspension the same as driving without a license?
No. A driving under suspension charge is about driving while a license that was issued has been suspended or revoked. Never having had a license, or letting one expire, are different situations. Your ticket names the exact charge, so read it closely or bring it to a lawyer to read with you.
Can I be arrested for driving under suspension, or is it only a ticket?
It depends on the situation. Some people get a ticket with a court date. A person who is arrested and held on a bailable charge generally must receive a bond hearing within 24 hours.7 Either way, the charge is a criminal case with a court date. Keep every paper you were given.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
