Implied Consent – Administrative License Suspension

Under South Carolina's implied consent laws, if you are arrested for DUI and refuse to submit to a breath test, your privilege to drive is immediately suspended.

On the other hand, if you do blow into the breathalyzer and register a .15 or greater, your privilege to drive is still immediately suspended.

It’s called an implied consent suspension, or an administrative suspension, and you will need to act quickly to avoid the consequences and get your license reinstated.

What Is Implied Consent in SC?

Under South Carolina’s implied consent laws, you “impliedly consent” to give breath or blood tests if you are arrested for a DUI offense. You don’t have to take the tests, and, in most cases, you should not take the tests, but there are consequences for refusing.

The Officer Took My License – What Do I Do?

If you have an implied consent suspension following your arrest for DUI, you must request an administrative hearing within 30 days of your arrest to contest the suspension.

If you do not request a hearing, or if the suspension is upheld at the hearing, you will have to enroll in the alcohol and drug safety action program (ADSAP) and you may have to install an ignition interlock device before you can drive again, even if you win your DUI case.

Call your SC DUI attorney immediately – your DUI defense lawyer can file the paperwork, represent you at the implied consent hearing, and answer any questions that you may have.

Once you have requested the implied consent hearing, you will be able to get a temporary alcohol restricted license (TARL) that will allow you to drive until the hearing date.

How Do I Win an Implied Consent Hearing in SC?

At the administrative hearing, you can contest the probable cause for the arrest and whether the arresting officer and Datamaster operator followed proper procedures during the process.

If the hearing officer finds: 1) That there was no probable cause for the DUI arrest; 2) That the breath test was not properly offered to you; or 3) That you did not actually refuse the test, the officer's decision to suspend your license will be overturned by the administrative court and you will be able to get your full license reinstated at the DMV.

I Won My Implied Consent Hearing – Is My Case Over?

The implied consent hearing is an administrative hearing in the Administrative Law Court that is separate from the criminal court that will hear your DUI case.

If you win the implied consent hearing, your license is returned to you, but – you still must fight the DUI charges. If you are convicted of DUI, your license will still be suspended based on the DUI conviction.

Similarly, if you lose the implied consent hearing or don’t request one, the administrative license suspension will still be in place even if you later win the DUI case in criminal court. They are two separate courts, each with their own consequences.

SC License Suspension and Implied Consent Lawyer in Myrtle Beach, Lexington, and Columbia

Lacey Thompson focuses her practice exclusively on criminal defense and DUI defense in SC courts. If your license has been suspended under South Carolina's implied consent laws, call the Thompson & Hiller Defense Firm now at (843) 444-6122 or contact us online to ensure that your rights are protected.

Client Reviews
Mindi and Laura were an amazing team team in helping my son with a traffic violation. There responsiveness from answering my phone call, to being able to pay the invoice online, showing up to court and representing my son for a ticket in less than 24 hours. Not to mention successfully having the ticket dismissed. The process was explained to us clearly each step of the way. This allowed us to prepare for any possible ramifications as well being patient with any questions we may have had. Even if the ticket did not get dismissed the care and attention they showed towards my son's situation made us feel very safe in their good hands for this legal matter. N. Jones
I retained Lacey Thompson & Hiller, defense firm for a difficult domestic violence case. She provided a strategy that won my case. Her legal skills are great, but just as important she's a supportive attorney who truly cares and her advice was spot on. I'll always be thankful. Besides Lacey, all the staff that I worked with at Thompson & Hiller firm were terrific: competent, professional, and personable. I recommend Lacey Thompson to everybody who needs a defense attorney. Anonymous
Attorney Laura Hiller, assisted me in 2013 by representing my daughter who at the time was only (14) years old in a juvenile criminal case being tried as an adult. The State charged her with murder. The claims at the time were completely shocking to myself and my daughter at the time and I wasn't sure what to do or who I needed to assist me with this. That's when I met Laura, who in all honesty kept me sane and hopeful through the entire process. She was so thorough when it came to gathering all information from all parties involved, aggressive when stepping into the courtroom, and behind the scenes. Most importantly though she was invested in proving my daughters innocence and I will forever be grateful for her and her work. My daughter's case was dismissed! Definitely who you want in your corner, whether the case is big or small. L.P.M.