The SC DMV hearing after a DUI arrest: how the 30-day deadline works

What the Notice of Suspension means

South Carolina runs two separate tracks after a DUI arrest. The criminal charge goes to court. The administrative track belongs to the S.C. Department of Motor Vehicles, and it starts immediately.

State law tells the DMV to suspend the license, permit, or nonresident driving privilege of a driver who refuses a breath, blood, or urine test, or who takes the test and has an alcohol concentration of 0.15 or more. The arresting officer hands you a Notice of Suspension, and the suspension is effective on the date of the arrest. It does not wait for a court date or a conviction.

If you took the test and blew under 0.15, you will not have received this notice, and this page does not apply to you, although the court case still does.

The 30-day window

From the day the notice was issued, you have 30 days to act. Within that time you may:

1. Request a contested case hearing before the Office of Motor Vehicle Hearings, and
2. Either obtain a temporary alcohol license from the DMV, or enroll in the Ignition Interlock Device Program.

If you do not request a hearing within 30 days, the law says you waive it. The suspension is not put on hold and simply runs for its full length.

How to request the hearing

The request goes directly to the Office of Motor Vehicle Hearings, not to the DMV. The office is part of the S.C. Administrative Law Court in Columbia. Its own guidance says the request must be filed with the required $200 filing fee, the fee cannot be waived and is nonrefundable, and the case will not be processed until the fee is received. State law sets the same $200 amount.

Under the office's rules of procedure, a request must include:

• your name, address, telephone number, and email address
• the issue you want heard
• enough information to identify your case
• a copy of the DMV's written determination or notice
• the relief you are asking for

The filing date is the date the request is delivered to the office or the date it is mailed. Since August 1, 2025, attorneys must file these cases through the office's e-filing system. Once a hearing officer is assigned, the hearing notice goes to you, or to your attorney if you have one, by email.

The temporary alcohol license

While you wait for the hearing, you can keep driving with a temporary alcohol license. It costs $100, and state law says the DMV holds that fee in trust until the hearing is decided. The temporary license lets you drive without restrictions until the hearing officer rules and the DMV sends you notice of the result.

The DMV's reinstatement page adds a few practical points. Whatever the outcome, you return the temporary license when the result comes back. And for violations dated on or after May 19, 2024, these suspensions no longer qualify for a route-restricted license, so the temporary alcohol license or the interlock program is the way to stay on the road.

Instead of the temporary license, the law also lets you enroll in the ignition interlock program within the 30 days. If you do, and the suspension is later upheld, you get credit for the days you drove with the interlock restriction.

What the hearing can decide

The hearing is narrow. By statute, the hearing officer looks only at whether you:

• were lawfully arrested or detained
• were given a written copy of, and verbally told, your implied consent rights
• refused the test, or
• took the test and the reported result was 0.15 or more, the person who ran it was qualified, the test followed the required procedures, and the machine was working properly

You can also offer evidence about the accuracy of the breath test result. The DMV and the arresting officer carry the burden of proof. If neither the DMV nor the officer shows up, the hearing officer must rescind the suspension, whether or not you or your attorney appear.

The hearing officer issues a written order either upholding or reversing the suspension.

If the suspension is upheld or overturned

If it is overturned, your license is reinstated and the DMV reimburses the temporary alcohol license fee.

If it is upheld, the suspension runs for the rest of its term, with credit for the days you were suspended before you got the temporary license. Within 30 days of the notice that it was upheld, you must enroll in the Alcohol and Drug Safety Action Program (ADSAP) and in the ignition interlock program. You can also end the suspension early by driving with an interlock for the time remaining, with a three-month minimum.

You have the right to appeal the hearing officer's decision to the Administrative Law Court. Filing an appeal puts the suspension on hold until the appeal is decided.

How long the suspension lasts

These periods come from S.C. Code § 56-5-2951. "Prior" means a DUI-related conviction or suspension in the ten years before this arrest.

Doing it yourself or with an attorney

The office's own guidance says you may represent yourself, but you are then fully responsible for following its rules and the Administrative Procedures Act, and the office cannot advise you or recommend an attorney. If you do not represent yourself, only a licensed attorney can argue your case. You can hire one attorney for both the DMV hearing and the criminal case; see the DUI lawyer guide for how to choose one.

For anything about your driving record itself, the hearing office refers people to the SCDMV help desk at 803-896-5000.