Out of State DUI
“I am in college in South Carolina, but I have an out of state license. I got a DUI and refused to blow. Now, my license has been suspended. How do I get it back so I can drive to school/work?”
DUI Licence Suspension
There are a few nuances involved in getting your license back after having your out of state license suspended for DUI. Reading the below can save you a few headaches.
If you are arrested for DUI, and refused to blow – see: Do I have to blow a breathalyzer when stopped for DUI? – your license will be suspended for 6 months. If you blow a .15 or higher, your license will be suspended for 30 days. You will receive a “Notice of Suspension” with your ticket. This is also referred to in South Carolina as an “implied consent suspension”. There are several steps you need to take to get your license back, and some of those steps are more complicated if you have an out of state license.
ALR
If your license was suspended through the state’s Administrative License Revocation (ALR) procedure, you will have 30 days from the Notice of Suspension to request an administrative hearing from the Administrative Law Court’s Office of Motor Vehicle Hearings. Your lawyer can do this for you. Once you request this hearing, you may have to wait a month or two until your court date.
DMV Form 447 NC
However, once you receive your notice of hearing from the court, you are one step closer to obtaining a Temporary Alcohol License (TAL) which allows you to drive in SC while your license is suspended. The DMV does not issue standard TAL’s to out of state drivers, so an out of state driver should apply for what is often called a “paper TAL”. This is done by completing a DMV form 447-NC, writing at the top “paper TAL” and mailing it to the DMV in Columbia, or hand delivering it for faster processing. Your lawyer can assist with this too.
ADSAP
If you choose not to contest the ALR through an administrative hearing, or if you did not put in your request to contest it within the required 30 days, then you must enroll and successfully complete the “Alcohol and Drug Safety Program” referred to as “ADSAP”. If you fail to complete it by the end of your suspension period, your license will be revoked until you have completed it. Contact your local ADSAP office to arrange your enrollment. The TAL is not an option if you did not request an administrative hearing.
You will also want to find out what legal requirements are needed from your home state’s DMV. The SC Interstate ADSAP program can help you navigate if any additional classes are needed from your home state.
Learn more about DUI in South Carolina, what a car accident attorney can do for you, and contact us for any question.
