Noah Vinter
If your driver's license has been suspended due to a DUI or DUAC, you may be eligible for a temporary alcohol license (TAL) in South Carolina. There are three types of temporary alcohol licenses: a Temporary Alcohol Restricted License (TARL), a provisional license, and a route-restricted license. A TARL can be obtained after a DUI or DUAC arrest if you refused to provide a breath sample and have requested an administrative hearing. It is valid between your arrest and the administrative hearing and must be requested within 30 days of suspension. A provisional license may be granted after a first-time DUI or DUAC conviction, allowing you to drive as if you had your original license. To obtain one, you must pay a $100 fee, enroll in the Alcohol and Drug Safety Action Program (ADSAP), obtain SR-22 insurance, and potentially install an Ignition Interlock Device (IID). A route-restricted license is available once in your lifetime and requires you to submit Form DL-127 to the DMV, detailing your work or school commute.
| Characteristics | Values |
|---|---|
| License suspension | Refusing to provide a breath sample or providing a breath sample of .15 Blood Alcohol Concentration (BAC) or higher will result in an automatic six-month suspension. |
| Administrative hearing | Must be requested within 30 days of arrest and costs $200 to schedule. |
| Temporary Alcohol Restricted License (TARL) | Can be obtained after an arrest for DUI or DUAC. It is valid between arrest and the administrative hearing. |
| Provisional license | May be granted after a first offense DUAC or DUI conviction. Requires payment of $100, enrollment in ADSAP, SR-22 insurance, and installation of an Ignition Interlock Device in some cases. |
| Route-restricted license | Available once in a lifetime unless the license was suspended for a non-DUI charge. Requires submission of Form DL-127 to the DMV and has restrictions on when and where you can drive. Costs $100. |
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What You'll Learn
Temporary Alcohol Restricted License (TARL)
A Temporary Alcohol Restricted License (TARL) is a type of license that can be obtained after an arrest for a DUI (driving under the influence) or DUAC (driving with an unlawful alcohol concentration). A TARL is used by someone who has refused to provide a breath sample and has requested an administrative hearing. It is valid for the period between the arrest and the administrative hearing to challenge the license suspension. It must be requested within 30 days of suspension.
To obtain a TARL, you must first request an administrative hearing within 30 days of your arrest. Once you have received notice of the hearing date, you can take this notice to your local DMV office, along with a $100 payment, to receive your TARL. This license will allow you to drive lawfully for six months while you await the outcome of the hearing.
A TARL is different from a provisional license, which is granted after a DUI or DUAC conviction and allows the driver to drive to work, school, grocery stores, social activities, church, and court-mandated programs. A provisional license costs $100 and requires enrollment in the Alcohol and Drug Safety Program (ADSAP).
Another type of license is the route-restricted license, which is granted after a DUI conviction. This license restricts driving to specific destinations, such as work, school, or court appointments.
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Request an administrative hearing
If you are charged with a DUI in South Carolina, your license will be suspended. This is known as an 'implied consent license suspension'. You can challenge this suspension by requesting an implied consent hearing, also known as a DUI administrative hearing.
To request a hearing, you must submit a hearing request within 30 days of the original notice form. If the DMV does not receive your request within this time frame, you will lose your right to contest the suspension. Once you have requested the hearing, you can obtain a temporary alcohol license (TAL) from any DMV office. This will allow you to drive without restrictions, except for consuming alcohol, until your hearing date.
At the hearing, the arresting officer will testify as to the probable cause for your arrest and why they suspended your license. Your attorney can then cross-examine the officer to establish that there was no probable cause for your arrest, that you did not refuse a breathalyzer, urinalysis, or blood test, or that the result was not over the limit. If you win the implied consent hearing, your license will be restored, but you will still have to fight the DUI charges in criminal court.
If you do not request a hearing, your license will be suspended for a second time if you are later convicted of the DUI offense.
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Enroll in ADSAP
To obtain an alcohol driver's license in South Carolina, you must enroll in the Alcohol and Drug Safety Action Program (ADSAP). ADSAP is a program for anyone who has been convicted of driving under the influence (DUI) in South Carolina and has a South Carolina driving record. If you have an out-of-state driver's license and receive a DUI conviction in South Carolina, you must also complete the ADSAP requirements.
Enrollment can be completed with any certified ADSAP provider in the state of South Carolina. You must enroll within 30 days of your conviction, or the court may hold you in contempt. Once enrolled, you will be assessed to identify any factors that contributed to your DUI conviction. You will then be assigned goals to address problem areas, including education and treatment services designed to help you reduce your risk of committing another DUI offense.
To find a certified ADSAP provider, you can look online or in your local telephone book. Some locations are also provided on the ADSAP website. You can also call (843) 839-4111 to schedule a free case evaluation.
It is important to note that completion of the program is based on whether you have reduced your risk of another DUI violation. The ADSAP is responsible for notifying the South Carolina Department of Motor Vehicles (DMV) of all successful and unsuccessful completions of the program. The DMV will not reinstate your license or driving privileges until it is notified of your successful completion of the ADSAP program.
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Get a route-restricted license
If your driver's license has been suspended due to a DUI arrest in South Carolina, you may be eligible for a route-restricted license. This type of license is typically sought as an alternative to ignition interlock, which can be costly and inconvenient.
A route-restricted license is cheaper than ignition interlock, but it does come with significant restrictions. With this license, you can only drive to and from work (including work-related trips), school, and the Alcohol and Drug Safety Action Program (ADSAP) that you must complete to regain your regular license.
To obtain a route-restricted license, you must enrol in the ADSAP, which can cost anywhere between $500 and $2,500. This program is a requirement for reinstating your driving privileges after a DUI suspension. The ADSAP is designed to address any underlying issues that may have contributed to your DUI arrest and to help you develop safer, healthier habits.
In addition to the ADSAP requirement, there are other important considerations for obtaining a route-restricted license. Firstly, driving outside the specified routes is considered a separate criminal offence and can lead to serious consequences. If you are caught driving outside the permitted territory, you may face charges of driving under suspension, which can result in jail time, fines, and an extended driver's license suspension.
Secondly, the route-restricted license is typically a once-in-a-lifetime option. It is intended for individuals who want to take responsibility for their actions and demonstrate that they are working towards positive change.
Finally, it is important to note that the requirements and eligibility for a route-restricted license may change over time. For example, as of May 19, 2024, a route-restricted driver's license will no longer be issued for certain types of violations, such as a BAC of .15 or greater. Therefore, it is always advisable to consult with a legal professional who is knowledgeable about the specific laws and regulations in South Carolina.
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Install an ignition interlock device
If your driver's license was suspended due to an alcohol-related offense, you may be eligible to participate in the IID Program. You will need to contact the South Carolina Department of Motor Vehicles to determine your eligibility.
The IID Program requires you to install an ignition interlock device (IID) in your vehicle. The IID is a breath alcohol ignition interlock device (BAIID) that prevents the operation of the vehicle if the driver has consumed alcoholic beverages. The device is equipped with a camera to prevent tampering and third-party usage.
To install an IID, you must schedule an installation appointment with one of three certified vendors in South Carolina: Smart Start, LifeSafer, or Guardian. You will need to bring your vehicle registration or, if installing on someone else's vehicle, a letter of permission from the registered owner.
Once the IID is installed, you will receive proof of installation, which you must send to your State authority. You can then obtain an ignition interlock restricted license (IIRL) at the DMV. The driver will be monitored by the South Carolina Department of Probation, Parole, and Pardon Services (SCDPPPS) for the duration of their license suspension period.
If you do not own a vehicle but are required to have an IID, you may be able to install the device on a borrowed vehicle with permission from the registered owner.
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Frequently asked questions
To get a driver's license in South Carolina, you must first apply for a beginner's permit when you turn 15. You will need to pass a vision test and a written test consisting of 30 questions related to traffic laws and road signs in South Carolina, of which you’ll need to answer 24 correctly to pass. Once you turn 15 1/2, you can apply for a conditional license by passing the South Carolina driving skills test. Once you turn 17, you will automatically receive your full SC driver's license in the mail.
If you get a DUI in South Carolina, your license will be suspended. However, you can request an implied consent hearing to obtain a temporary alcohol-restricted license that will allow you to drive pending the outcome of your DUI case. To get your regular license back, you will need to fulfill your suspension period, meet any court requirements, and pay a reinstatement fee of $100.
To obtain a temporary alcohol-restricted license, you must present your notice of hearing to the DMV office and pay a $100 fee. You must also enroll in the state's Alcohol and Drug Safety Action Program (ADSAP) and provide proof of SR-22 insurance.
