DUI is perhaps the most serious driving crime in South Carolina. State authorities prosecute DUI defendants vigorously and dole out punishments that include a loss of or a limiting of driving privileges after DUI convictions. If you are facing a DUI charge, you may be wondering precisely how your driving privileges will be affected.
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A DUI conviction comes with various consequences that affect driving privileges, all of which tend to complicate a person’s life. First and foremost, a DUI conviction will lead to a driver’s license suspension of at least six months. With your driver’s license suspended, you are effectively incapable of legally driving a vehicle and can face serious criminal penalties for doing so.
Another effect on your driving privileges after DUI is the required use of an ignition interlock device. An ignition interlock device is hooked up to the ignition of a vehicle and prevents the car from starting unless the driver blows under the legal limit with a breathalyzer.
At Whalen Montalvo, we always vigorously pursue the optimal outcomes for our clients facing DUI.
To recoup your license, you must go through an approved drug or alcohol program and pay a license reinstatement fee. The South Carolina Department of Motor Vehicles will review your application and reinstate your license if appropriate.
There are, however, a few limited licenses you may apply for under certain circumstances. These licenses provide the authority to drive under limited circumstances but are not available for every DUI case.
Your questions are important. Please call our office if you don’t find the answer below.
What is a provisional driver’s license?
The provisional driver’s license is for first-time offenders only. It allows a person to drive as they normally would under the conditions of their normal license. However, it is not available for those with a blood-alcohol content (BAC) test of .14 or less for violations after May 19, 2024.
What is a route-restricted driver’s license?
A route-restricted license gives the authority to drive for limited, essential activities. A driver with this license might drive for:
It is important to note that only one of these licenses is available throughout a person’s life in most circumstances. A second route-restricted license may be available if the previous suspension was for child support or driving on a suspended license. Additionally, people with a BAC of .15% or higher are no longer able to obtain a route-restricted driver’s license for violations on or after May 19, 2024.
What is a temporary alcohol license?
Sometimes, a DUI issue can lead to a license suspension without a DUI charge. When a person refuses to consent to a BAC test, they will automatically have their license suspended due to South Carolina’s implied consent law. Implied consent means all drivers are deemed to have consented to a BAC test by virtue of driving on South Carolina’s roads.
With a license suspended because of failure to submit to a test, the alleged offender will typically be permitted to apply for a temporary license. This license allows a person to drive as normal while they await a hearing on their case. Whatever the ruling, the holder of the temporary alcohol license must return the license once a ruling is made.
What is an ignition interlock device?
Your driving privileges after DUI will also be affected by an ignition interlock device. This device prevents you from driving your vehicle until you blow into a breathalyzer inside the machine and produce a reading of less than .08% if 21 or older. Prior to May 19, 2024, not all convicted individuals were required to have this device. Now, however, all who receive a DUI conviction must have one.
More questions? Reach out to Whalen Montalvo for more answers at any time.
A DUI can significantly impact your ability to drive in South Carolina. If you are dealing with DUI and driving issues, you deserve an effective DUI defense. A DUI defense lawyer will defend you from conviction and sort out any driving issues you are facing.
Need robust representation for a DUI charge? Look no further than the DUI defense attorneys at Whalen Montalvo. Call (864) 770-7710 today and learn how our team can help.
I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.
I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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