Getting arrested for DUI is one of those moments that can stop you in your tracks. What you do next can affect the course of your potential case. For example, your driver’s license can be suspended immediately if you refuse a breath test or blow a .15 or higher.
But you have the right to fight that suspension through an implied consent hearing. So, what can you expect at a DUI/implied consent hearing? Let’s learn about what that means, what really happens during the hearing, and how an attorney can help you during this time.
What Does Implied Consent Mean in South Carolina?
When you got your South Carolina driver’s license, you automatically agreed to the state’s implied consent law. That means if you’re lawfully arrested for DUI, you consent to chemical testing, such as a breath, blood, or urine test.
If you refuse that test, or you blow .15 or higher, the officer can immediately take your physical driver’s license and issue you a Notice of Suspension. While the suspension is not final, the clock starts ticking.
You have 30 days from the date of your arrest to request a hearing with the Office of Motor Vehicle Hearings (OMVH). If you miss that window, your suspension will automatically take effect. In this situation, you can lose your driving privileges.
If you are staring at that pink sheet of paper, wondering what to do next, you should request the hearing immediately.
What Happens at the Hearing?
This hearing is not about whether you are guilty of DUI. That issue will be handled later in criminal court. The Implied Consent Hearing is administrative. This determines whether the officer and the South Carolina Law Enforcement Division (SLED) followed proper procedures when they suspended your license.
The hearing officer will look at a few specific questions, such as:
- Did the officer have reasonable suspicion to pull you over and probable cause to arrest you?
- Were you properly informed of your implied consent rights, including the penalties for refusing or failing the test?
- Was the breath test properly administered using a certified Datamaster device?
- If you declined, did the officer correctly record and report your refusal?
The hearing officer is there to see if the state followed its own rules. If something was done wrong or skipped, that can be enough to overturn the suspension.
What Happens Before the Hearing
When your lawyer requests the hearing, you can be eligible for a Temporary Alcohol Restricted License (TARL). This temporary license allows you to keep driving while your case is pending.
Your lawyer will then get copies of the officer’s reports, the breath test data, and any body or dash cam footage. Remember that the state has to prove that everything was done by the book.
Many times, that review process exposes issues that can help both your hearing and your criminal case.
What to Expect the Day of the Hearing
The hearing itself is held at the Office of Motor Vehicle Hearings in your region, such as Columbia, Charleston, or Greenville. Sometimes, it can be done virtually. This is a more informal process than a courtroom trial, but it still follows a structure. Here is what you can expect:
- The state presents its case: The arresting officer testifies, explaining why they stopped you, what they observed, and what happened during the arrest.
- Your attorney cross-examines: Your lawyer can question the officer and challenge their version of events.
- You can testify: Sometimes, your lawyer will advise you not to testify, especially if your criminal case is still pending.
- Hearing officer’s review: The officer overseeing the case will consider all the evidence and issue a written decision, usually mailed within a few weeks.
After the hearing, there are two possible outcomes:
- Your suspension is upheld: If that happens, your license stays suspended. It is usually six months for a first refusal, or one month if you took the test and blew a 0.15 or higher. You may still qualify for a restricted or ignition interlock license, depending on your case.
- Your suspension is rescinded: That means you win, and your full driving privileges are restored.
Even if you lose, the hearing still provides insight into the prosecution’s evidence that can help your DUI defense lawyer in your case.
You Need Legal Help for Any Stage of the Process
Now that you know what happens during a DUI/implied consent hearing, you can prepare. This gives you a chance to fight for your license and hold the state accountable for following its own procedures.
If you act immediately, get legal help, and know what to expect, you can walk into that hearing prepared. At Truslow & Truslow, PA, we are ready to help you every step of the way with your DUI case. Schedule a consultation and let’s discuss your options.