Myrtle Beach DUI Implied Consent Violation
Myrtle Beach DUI Lawyer for Loss of Driver’s License
If you were charged with a DUI in Myrtle Beach, you were taken to a police substation in order to give a breath sample. In South Carolina, if you refuse to give a sample or if you register an alcohol concentration of .15 or greater your driving privileges will be suspended in South Carolina. If you are under 21 years of age and your alcohol concentration is over .02 your driving privileges will be suspended.
Myrtle Beach DUI Implied Consent Violation Hearing
If you receive a notice of suspension as a result of your DUI refusal or sample of .15 or greater you have a right to challenge the suspension. You must request an implied consent hearing. There is a $200 filing fee that must accompany your request for hearing. The South Carolina Administrative Law Court must RECEIVE your request within thirty days of your DUI arrest in order to get on the docket for a DUI implied consent hearing. The Myrtle Beach DUI lawyers at the Lovely Law Firm handle the implied consent hearing for their DUI clients.
Getting your driver’s license back after a Myrtle Beach DUI
Once the hearing is scheduled the DUI client may be able to get a temporary alcohol license. The DMV will charge another $100 fee for this temporary alcohol license, however this license will allow you to drive in South Carolina until the results of the hearing are mailed to the accused. You must get the temporary alcohol license to lift the suspension. If you do not get the temporary alcohol license your privilege to drive in South Carolina is suspended. You will not be able to drive until you get a route-restricted license or your suspension period ends and you enroll in ADSAP, pay another $100.00 reinstatement fee, and have a license issued to you.
Implied Consent Hearing
The Myrtle Beach DUI Lawyers appear on your behalf at the hearing and assert your interests. The hearing officer will rule after the close of the hearing and determine the future of your driver’s license suspension. It is sometimes possible to speak with the arresting officer and ask that testimony not be entered. If this deal is negotiated by the DUI lawyers, your implied consent violation will be dismissed.
If you obtained your temporary alcohol license and you win your implied consent hearing, your suspension will be canceled. You will not have to enroll in ADSAP unless you are convicted of the DUI. If you lose your hearing, your suspension goes back into affect, however you can get a route restricted license from the DMV in order to dive to work, school, ADSAP, and any court-ordered drug program.
Contact Us or call the Myrtle Beach DUI Lawyers today to discuss your case. The implied consent violation is but one part of the DUI process. The Lovely Law Firm’s DUI team can fully explain all issues pertinent to your case. 843-839-4111
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