Are you facing a DUI arrest in Charleston? Will your driving license be suspended? For how much time will it remain suspended? Are there any alternatives to driving while the driving license is suspended?
There are a variety of similar questions that cross your mind after a DUI arrest in Charleston.
Immediately after a DUI arrest in Charleston, you have two options:
- Agree to submit to the breathalyzer test
- If not, be ready to get your license suspended.
Let’s see what happens in each situation.
What Happens If I Refuse a Breath Test After a DUI Arrest in Charleston?
The consequences for refusing a breath test differ based on whether you have a previous DUI conviction or not.
On First DUI Offense
If it’s your first DUI offense in Charleston and you refuse to take a breathalyzer test, your driving license will be immediately suspended for six months. Also, you will have to attend the South Carolina Alcohol and Drug Safety Action Program (ADSAP). This program goes on for about eight weeks to a year.
The program’s period is dependent on various factors like your BAC, the number of DUI offenses, urine test results, and others.
You can always challenge the suspension of your driving license by requesting the hearing within 30 days. However, for this, you will need the help of a DUI attorney in Charleston that can very well guide you through where you need to submit for the hearing. Further, he is the one that can work upon challenging the suspension.
On Second DUI Offense in Charleston or More
If you are arrested for a DUI offense for the second time in Charleston and refuse to submit to a breathalyzer test, your driving license will be suspended for nine months.
Subsequently, on the 3rd DUI offense, your driving license will be suspended for 12 months, and on the 4th DUI offense, driving licenses suspension or refusal of breath is for 15 months.
Is Your Driving License Suspended If You Refuse a Breathalyzer Test?
What happens to your license after a DUI arrest in Charleston? If you agree to take a breathalyzer test, you can still have your driving license suspended if your blood alcohol content is found to be greater than 0.08. However, in this case, your license suspension is for one month only.
Again, you are free to challenge the suspension of your driving license within 30 days of the hearing. Again, hiring a reputed Charleston DUI attorney will help you get the desired result.
If it’s your 2nd DUI offense in Charleston, your driving license will be suspended for two months if you agree to submit the breath. On 3rd DUI offense, the driving license is suspended for 3 months, and so on.
How to Drive Again While Your License Is Suspended in Charleston?
If your driving license has been suspended due to DUI, you can get a temporary alcohol license in Charleston. This type of license is issued by the Driving Moto Vehicles of your area.
However, for this, you need to request the hearing within 30 days of suspension. If your hearing is scheduled, then DMV provides a privilege to get a temporary license.
Another way to drive again after your license is suspended is by voluntarily entering the South Carolina Ignition Interlock Program. According to this program, you will have to get an ignition interlock device installed on your vehicle. This allows you to drive only when you are sober. You will have to blow the breath on the device installed to unlock the ignition lock.
What Is a Route Restricted License?
In Charleston, you can also get a route restricted license if your license has been suspended. If you are qualified for this license, it can be used for specific purposes like driving to school, work, and to your ADSAP classes.
However, this license is issued only once in a lifetime in South Carolina.
What Is a Provisional License in Charleston?
There is also a provisional license in Charleston that allows you to drive on roads again after your driving license has been suspended. To qualify for a provincial license, you need to fulfill the following criteria:
- You should be a first time DUI or DUAC offender
- You submitted your breath, and it was found out to be more than 0.08.
This license lets you drive on the roads of South Carolina without any restrictions, unlike other temporary licenses.
Contact a Charleston DUI Attorney Today
If you have any other queries regarding your driving license suspension after DUI arrest in Charleston, you can feel free to contact a DUI attorney in Charleston.