DMV Administrative Suspension Hearings For DUI

Posted On:  June 27, 2015

A DUI Lawyer is recommended if you are charged with a DUI in the state of South Carolina. A DUI lawyer will both fight your criminal charge of DUI and will fight for you to keep your driver’s license.

Most drivers do not know that when you sign for your license you are also giving consent to submit to a breathalyzer test, if you ever should have to take one, however you also have the right to refuse the test, however if you refuse the test your license can be suspended for six months for the first DUI offense and nine for the second.

If you do take the breathalyzer test and register a blood alcohol content (BAC) of .15 or higher your license will be suspended for one month for a first offense and two months for a second offense DUI.

Within 30 days of your suspension you can file for an appeal. The Charleston DUI lawyers at Harris & Huge advise that you fight this suspension. Fighting a suspension will allow you to have a hearing in which your lawyers will analyze aspects of your DUI arrest. They will look for whether there was probable cause for the initial stop and arrest based on the conduct the officer observed.  Also, during an administrative hearing, you will likely be able to get a temporary alcohol license that permits you to drive while your administrative hearing is pending.

These hearings take place in front a hearing officer with the Office of Motor Vehicle Hearings, a division of the Administrative Law Court. The hearing officer, like a judge, presides over the hearing and decides the outcome of your appeal.

If you or someone you know has received a DUI, contact a DUI lawyer here at Harris & Huge.


Photo Credit “ChicagoPoliceArrest”. Licensed under CC BY-SA 2.0 via Wikimedia Commons –

Federal and State Criminal Defense Lawyer Stephen Harris has practiced almost exclusively Criminal Defense his entire career. Mr. Harris served as a Public Defender with the Charleston County Public Defender’s Office in Charleston, SC until 2008.

Harris and Huge is a local Charleston law firm focusing on DUI Defense, Criminal Law Defense, Corporate Law, and Personal Injury.

When you or your loved one is accused of a crime in South Carolina, there is a terrible reality that jail time may be present. Harris & Huge can provide you or your loved one an attorney who can negotiate with solicitors, arrange for a reduction in charge, a lesser sentencing, or possibly, a dismissal.

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