The Deadline to Ask for a License Hearing
A DUI arrest can start two cases at once. One is the criminal charge. The other is about your driver's license.
A DUI arrest may trigger an administrative license suspension if a driver refuses a qualifying chemical test or has an alcohol concentration of 0.15% or greater under South Carolina's implied-consent law. The officer gives the driver a notice of suspension. A driver generally has 30 days from the date that notice is issued to ask for a contested case hearing before the Office of Motor Vehicle Hearings.1 Missing that deadline waives the administrative hearing right. Other requirements or limited driving options may still apply, depending on the circumstances.3
The administrative suspension is separate from the criminal DUI charge, and its deadline may arrive long before the first criminal court appearance.3 Find the notice now and keep it with your ticket and bond papers. Then talk to a lawyer promptly so there is time to look at the hearing request.
Illustration only. This is not a real case or a result our firm obtained.
Example: Counting the hearing window A driver is stopped late on a Saturday night and handed a notice of suspension before going home the next morning. The first criminal court date is set about two months later. The time to ask for a license hearing runs from the date the notice was issued, so that deadline comes well before the court date.1
Can I Drive While My License Hearing Is Pending?
Depending on your eligibility, South Carolina law may allow you to get a temporary alcohol license or take part in the Ignition Interlock Device Program while your administrative case is pending. These options have specific requirements.4
Do not drive just because you asked for a hearing. Confirm that you have valid driving privileges first.
What to Do After a DUI Arrest
Most people leave with a stack of papers: a ticket or warrant, bond paperwork and, after a refusal or a high result, a notice of suspension. Keep all of it in one place.
If you are arrested and held on a bailable charge, South Carolina generally requires a bond hearing within 24 hours.2 The law sets the timing, not the amount or the conditions.5 The criminal DUI case proceeds separately from any administrative driver's license suspension.3
Keep dashcam footage, receipts, messages and any other records that may matter. Write down what you remember about the stop, the roadside testing and the arrest while the details are fresh. Do not delete or change any of it.
Your first court date should be on the ticket or the bond papers. Write it down, along with the hearing request window for your license, and go to every court date.
Your ticket or warrant names the charge. If you aren't sure what it says, bring it to a lawyer to read with you.
Want someone to look at your situation?
Talk with us about the charge and ask the questions on your mind.
Talk to Us About Your DUI Charge
We start by listening. Tell us about the stop, the arrest and the papers you were handed, and ask whatever is on your mind. We're straight with you about where things stand.
We take criminal cases in the Charleston area. Our office is on King Street in downtown Charleston. The first conversation can happen by phone.
If someone was badly hurt or killed in a crash connected to the arrest, read about felony DUI charges. If you were stopped while your license was suspended, see our page on driving under suspension.
South Carolina Law on This
- 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.1
- 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.2
- A DUI arrest may trigger an administrative license suspension if a driver refuses a qualifying chemical test or has an alcohol concentration of 0.15% or greater under South Carolina's implied-consent law. A driver generally has 30 days from issuance of the notice of suspension to request a contested case hearing before the Office of Motor Vehicle Hearings. Missing that deadline waives the administrative hearing right, but other requirements or limited driving options may still apply, depending on the circumstances. The administrative suspension is separate from the criminal DUI charge, and its deadline may arrive long before the first criminal court appearance.3
- Under South Carolina law, a driver who requests a contested case hearing to challenge an administrative suspension for refusing chemical testing or having an alcohol concentration of 0.15% or higher may obtain a temporary alcohol license from the Department of Motor Vehicles. The license costs $100 and permits driving without restrictive conditions while the administrative hearing is pending, subject to the statutory rules governing when the license expires. South Carolina law also provides an ignition interlock licensing pathway. Under qualifying circumstances, a driver may enroll in the Ignition Interlock Device Program, end the remainder of the administrative suspension, and obtain an ignition interlock restricted license. This pathway carries separate program requirements and driving restrictions.4
- Under South Carolina law, a person arrested and charged with a bailable offense must receive a bond hearing within 24 hours of arrest. If bond is posted and delivered to the jail or detention facility, the person must be released within a reasonable time, not exceeding four hours after the bond is delivered to the facility. These statutory deadlines do not guarantee that bond will be granted or determine the amount or conditions of bond.5
- DUI generally involves driving while alcohol or drugs materially and appreciably impair a person's ability to drive. DUAC involves driving with an unlawful alcohol concentration of 0.08% or higher, subject to statutory requirements and defenses. The offenses have different elements, although their penalties are similar. A DUI charge does not necessarily require a breath-test result of 0.08% or higher.6
- A first DUI conviction can carry fines, jail time, driver's license consequences, and alcohol education or treatment requirements. Higher alcohol concentrations can increase the penalties, and repeat offenses can result in substantially longer jail or prison sentences. The statutory fines do not include all applicable assessments and surcharges, and the full consequences can depend on the disposition and driving history.7
- For a first DUI offense, South Carolina law provides a fine of $400 or imprisonment for 48 hours to 30 days. If the person's alcohol concentration was at least 0.10 but less than 0.16 percent, the range is a $500 fine or 72 hours to 30 days. At 0.16 percent or more, it is a $1,000 fine or 30 to 90 days. The court may allow public service in place of the minimum jail time.8
- Since May 19, 2024, South Carolina requires every person convicted of DUI, regardless of alcohol concentration, to take part in the Ignition Interlock Device Program to drive again. For a first offense, the device must stay on the vehicle for six months; for a second offense, two years; for a third offense, three years (four if within five years of the first); and for a fourth or later offense, for life.9
Frequently Asked Questions
Is the license hearing the same thing as my DUI court date?
What's the difference between DUI and DUAC in South Carolina?
DUI generally involves driving while alcohol or drugs materially and appreciably impair your ability to drive. DUAC involves driving with an unlawful alcohol concentration of 0.08% or higher. The offenses have different elements, although their penalties are similar. A DUI charge does not necessarily require a breath-test result of 0.08% or higher.6
What penalties could I face for a DUI in South Carolina?
A first DUI conviction can carry fines, jail time, driver's license consequences, and alcohol education or treatment requirements. For a first offense with an alcohol concentration below 0.10 percent, the statutory penalty is a $400 fine or 48 hours to 30 days in jail, and the court may allow public service instead of the minimum jail time.8 Higher alcohol concentrations can increase the penalties, and repeat offenses can bring substantially longer jail or prison sentences. Ignition interlock requirements may also apply.9 The statutory fines do not include all assessments and surcharges, and the full consequences can depend on how the case is resolved and your driving history.7
My family member was just arrested for DUI. What should we do first?
Find out about the bond hearing. If the person is held on a bailable charge, South Carolina generally requires one within 24 hours.2 Gather the papers they were given, especially any notice of suspension, and note its date, since the hearing request window runs from the date the notice is issued.1 You can call a lawyer for them. The first conversation can happen by phone.
Sources
- S.C. Code § 56-5-2951(B)(1), (D)
- S.C. Code § 22-5-510; Rule 106, SCRCrimP
- S.C. Code § 56-5-2951
- S.C. Code § 56-5-2951(B)(1), (I)(3)
- S.C. Code § 22-5-510(B)
- S.C. Code §§ 56-5-2930, 56-5-2933
- S.C. Code § 56-5-2930; as stated in Sean Hall's Nov 5 review notes
- S.C. Code § 56-5-2930(A)(1); § 56-5-2933 has parallel tiers
- S.C. Code §§ 56-5-2941, 56-5-2990(A) as amended by 2023 Act No. 55 (S.36), eff. May 19, 2024; SCDPPPS
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
