If you’ve been charged with a DUI or a similar alcohol-related violation in South Carolina, you’re likely facing several questions.

One of the most pressing questions might be whether to request an administrative hearing to challenge the administrative suspension of your license.

Under the new 2024 South Carolina Ignition Interlock law, (S.36) an administrative hearing is your opportunity to contest a driver’s license suspension for an Implied Consent violation.

That means a suspension for refusing to provide a breath sample or chemical test or for providing a breath test with a BAC higher than 0.15%.

Under the former statutes, deciding to requesting a hearing was almost a no-brainer.

With the new changes, there are some things to consider and it’s not necessarily a simple choice—there are several pros and cons, along with significant risks if you lose.

In this article, we’ll explore the factors you need to weigh before making that decision.

What is an Administrative Hearing

An administrative hearing is distinct from the criminal proceedings in a DUI case.

While the criminal case determines guilt or innocence regarding the DUI charge, the administrative hearing focuses solely on the suspension of your driving privileges.

The suspension may occur for refusing a breathalyzer test or having a blood alcohol concentration (BAC) over 0.15%.

The administrative case is completely separate from the criminal case and is only connected in fact—not outcome.

The administrative hearing is your opportunity to challenge the suspension, and if you win, your license will not be suspended.

You have 30 days from the notice of suspension to request a hearing. Generally, that translates to 30 days from the date of your arrest.

Why You May Want to Request an Administrative Hearing

 

1. Get Your License Back Quickly

The most obvious advantage of requesting an administrative hearing is the chance to avoid suspension and keep your driving privileges.

For many individuals, particularly those who rely on their vehicle for work or personal obligations, retaining a license is crucial.

Winning the hearing could eliminate the need for an ignition interlock device (IID) and associated costs.

But, the mere request for a hearing allows you to get a temporary alcohol license (TAL).  This allows you to drive unrestricted at least until the outcome of the hearing.

Requesting a hearing can give you the ability to get a TAL in usually just a few days.

2. The Opportunity to Keep Your License

Obviously, if you win the hearing, you get to keep your regular license. However, a suspension is effectively guaranteed without requesting a hearing.

3. Preserving Evidence

By requesting an administrative hearing, you can compel the state to produce evidence regarding the stop, arrest, and testing procedures.

This can provide a valuable preview of the evidence that may be used against you in your criminal case.

While you’re also entitled to the evidence in the criminal case, an administrative case gives access to administrative subpoenas.

4. Potential of Voluntary Enrollment of the IID program.

Voluntarily enrolling in the IID program while awaiting the outcome of your hearing has several advantages.

First, the time you spend in the IID program counts toward the overall suspension period, meaning that even if you lose the hearing, you’ve already served part of your suspension.

This is called an Ignition Interlock Restricted Temporary Alcohol License or II-TAL.

Additionally, the II-TAL allows you to drive legally during the hearing process while accruing time in case there is a later suspension.

The cost for an II-TAL is $200, which includes $100 for the TAL fee and $100 for the IID restriction.

Moreover, if you voluntarily participate, you must remain in the IID program for a minimum of three months, even if you win the hearing and have the suspension rescinded.

After the three-month minimum period, you can choose to continue in the IID program or remove the IID device while retaining a regular TAL.

This flexibility allows you to tailor your approach depending on how the hearing progresses while weighing the likelihood of success at the administrative hearing.

5. A Tool for Negotiation

By requesting an administrative hearing, you may have the opportunity to negotiate the outcome of the administrative case as part of your criminal case.

The administrative hearing can serve as a valuable tool for your defense attorney to use to potentially gain a favorable deal in the companion DUI criminal matter.

Why You May NOT Want to Request an Administrative Hearing

 

1. The Option of IID or Period of Suspension

One of the biggest risks of requesting a hearing is losing at the hearing and being compelled to enroll in the ignition interlock program.

Notwithstanding the new statute’s constitutionality, the law as written penalizes defendants for requesting a hearing and withdrawing or losing.

If you request an administrative hearing and lose, you will have an indefinite suspension and be required to enroll in the IID program.

This is different from those who do not request a hearing. By not requesting a hearing, you can enroll in IID or simply serve the period of suspension without the IID device.

Both options, however, will require enrollment into the Alcohol and Drug Safety Action (ADSAP) program.

2. Shortened Time of Suspension over IID

One reason not to request a hearing is the ability to end the suspension after one month instead of having IID for three (3) months.

This applies to first time offenders who do not request an administrative hearing and choose to just endure the 30 day suspension instead of having Ignition Interlock.

An offender who chooses to participate in ignition interlock must have it installed for 3 months, minimum.

3. Financial Costs

Requesting a hearing comes with financial costs, including a $200 filing fee for the hearing, a $100 fee for a TAL and another $100 fee for the IID-restricted TAL if you opt to participate in the IID program while awaiting the hearing. If you lose the hearing, these fees are non-refundable with the exception of the $100 TAL fee.

For some people, it may be cheaper to accept the suspension, enroll in ADSAP and get it behind them.  I say “may be” because it’s going to cost you some money to do “nothing”.

The base fee for ADSAP is $500.  By not requesting a hearing, it may be cheaper if you were going to lose the hearing anyway. But, you will never know for certain the answer to whether you would have won or lost in advance.

To accept the suspension will likely cost the $500 ADSAP fee and the reinstatement fee of $100.  But, to request a hearing, get a TAL and win would only be $300.

The real challenge comes with requesting the hearing, losing, and then being compelled to enroll in ADSAP and the IID program.

The hearing fee, the TAL, IID license, and reinstatement fees would total at least $1000, not including the ignition interlock device.

Therefore, some people may choose not to request the hearing and undergo ADSAP and the suspension period.

4. Time and Stress

Administrative hearings take time, and while the suspension is stayed during that time, the uncertainty of the outcome can be stressful.

If the hearing takes months or potentially years (yes, that’s correct) to resolve, you are left in limbo, wondering whether you will lose your driving privileges or be forced into the new IID program.

By not requesting an administrative hearing, you are choosing to accept the suspension and begin serving your suspension period or period of voluntary IID immediately.

This may be the fastest way to put the situation behind them for some.

You can complete the suspension or IID requirements, take any necessary ADSAP classes, and move on without the additional stress of a pending battle with the officer and the OMVH.

5. Certainty

If you don’t request a hearing, the suspension goes into effect automatically. This means you lose your driving privileges for a set period and must enroll in ADSAP.

For many, this can significantly disrupt someone’s life. For others, the certainty of the outcome may be more desirable.

Weighing Your Options

The decision to request an administrative hearing or not should be made carefully, with a complete understanding of the risks and rewards.

On the one hand, a hearing offers the opportunity to challenge the suspension and potentially keep your driving privileges.

Still, it also carries the risk of mandatory participation in the IID program and additional costs if you lose.

On the other hand, choosing not to request a hearing means accepting the suspension, which could help you move on from the situation more quickly, but it also means forfeiting your chance to challenge the state’s administrative case.

Consulting with a knowledgeable DUI attorney can help you evaluate the evidence in your case and determine the best course of action.

Whether you fight or accept the suspension, understanding the legal landscape, especially in light of the recent S.36 changes, will empower you to make an informed decision.

Protect Your Future: Hire an Experienced DUI Attorney in South Carolina

A DUI charge can have a lasting impact on your life—your driving privileges, career, and personal freedom are all on the line. Don’t face this challenge alone. With South Carolina’s tough DUI laws, you need an experienced DUI attorney who knows how to navigate the system, challenge evidence, and fight for your rights.

Russell D. Hilton understands the complexities of DUI cases and will work tirelessly to reduce or dismiss your charges. Whether it’s your first offense or a repeat, we have the skills to protect your license, reputation, and future.

Don’t wait! Contact us today for a free consultation and take the first step toward safeguarding your rights. Let us fight for you!