Being Accused of DUI in South Carolina
I’m Tyler Bailey, the founder and managing attorney at Bailey Law Firm in Columbia, South Carolina. I represent individuals who have been accused of committing crimes throughout the state. I often represent people who have been accused of DUI (Driving Under the Influence) in South Carolina. In those situations after they’ve been arrested and charged with DUI, they typically have their license taken from them and are no longer able to drive their car to work or anywhere else on South Carolina roadways. Fortunately, in South Carolina, there is a way people accused of DUI can get their license back temporarily, pending the outcome of their DUI case. They can request an Implied Consent Hearing with the Office of Motor Vehicle Hearings. Through this, you’re able to get a Temporary Alcohol Restricted License that allows you to drive pending your Implied Consent Hearing and, hopefully, pending the results of the DUI case.
How to Obtain a Temporary Alcohol Restricted License through an Implied Consent Hearing
The Implied Consent Hearing is held before a hearing officer, and the state is required to testify how they properly advised you of your rights prior to you submitting to a breath test. In other words, this is prior to you blowing and determining whatever your alcohol content was in your system. There are certain rules and regulations that require them to tell you specific things before you blow. At the implied consent hearing, you’re able to cross examine the officer who pulled you over to make sure that they advised you properly. In these cases, I typically have the hearing officer listen to whoever pulled you over and charged with DUI. I will cross-examine them to make sure that they advised you of your rights properly. And if they did not, at that point your license is immediately reinstated, you receive a letter back from the DMV, and you no longer have a temporary alcohol restricted license. You will have your actual driver’s license.
That’s just one way to get you back on the road, pending the outcome of your DUI case. You still will have to ultimately resolve your Driving Under the Influence charge, but you’ll be able to drive pending that. Remember, there is no telling how long these DUI cases can take to resolve. It can take a year; it can take six months. There’s really no way to tell exactly how long your case will take. So if you’ve been accused of driving under the influence in South Carolina, reach out to me at Bailey Law Firm. I’m Tyler Bailey. You can visit my website to find out more about me at baileylawfirmsc.com. You can also give us a call anytime at (803) 667-9716. Take care.