Refusing a Breathalyzer in SC: Implied Consent Laws and ALR Hearings
If you refuse a breathalyzer in South Carolina, your license is instantly suspended for 6 months under Implied Consent laws. You have a strict 30-day window to request a hearing with the OMVH to challenge the suspension and obtain a Temporary Alcohol License.
Understanding Implied Consent in South Carolina
Many drivers in South Carolina believe they can simply say 'no' to a breathalyzer test at a police station to avoid a DUI conviction. However, driving on the roads of Greenville, Charleston, or Myrtle Beach is considered a privilege, not a right. Under the South Carolina Implied Consent Law, S.C. Code Ann. § 56-5-2950, by obtaining a driver's license, you have already given your implied consent to submit to chemical testing (breath, blood, or urine) if an officer has probable cause to believe you are driving under the influence. Refusing this test triggers an immediate, administrative penalty that is entirely separate from your criminal DUI case.
Fighting an Implied Consent suspension requires fast action and knowledge of specific administrative procedures. Finding a skilled local DUI attorney through our directory is highly recommended, as they can represent you at the administrative hearing and help you get back on the road legally while your criminal case is pending.
The Immediate Notice of Suspension
If you are arrested for a DUI and taken to the police station, you will be directed to a DataMaster DMT breath testing room. The officer must read you your implied consent rights on video. If you refuse to blow, or if you blow over a 0.15 BAC, the officer will immediately seize your physical driver's license. Before you leave the station, you will be handed a formal Notice of Suspension. For a first-time refusal, your driving privileges are suspended for six months, starting immediately. If you have a prior alcohol-related conviction within the last ten years, a refusal results in a nine-month suspension.
The Strict 30-Day Window for an OMVH Review
You do not have to accept the suspension without a fight, but you must act quickly. South Carolina law grants you exactly 30 days from the date of your arrest to request a contested case hearing. You must file a Form OMVH, South Carolina, Office of Motor Vehicle Hearings, Request for Contested Case Hearing (or complete the hearing request on your Notice of Suspension) with the Office of Motor Vehicle Hearings, Columbia (OMVH), along with a $200 filing fee.
If you miss this 30-day deadline by even one day, you waive your right to a hearing, and the six-month suspension becomes absolute. During the OMVH hearing, your attorney can cross-examine the arresting officer. Precedents like S.C. Dep't of Motor Vehicles v. Nelson, 364 S.C. 514 (SC Court of Appeals 2005) highlight that if the officer failed to properly read your implied consent rights, lacked probable cause for the traffic stop, or fails to show up to the hearing, the suspension can be thrown out.
How to Get a Temporary Alcohol License (TAL)
One of the greatest benefits of requesting an OMVH hearing within the 30-day window is the ability to drive legally while you wait for your court date. Once the OMVH receives your hearing request and fee, they will process it in their system. You can then go to a local DMV branch, such as the South Carolina Department of Motor Vehicles, Greenville or the South Carolina Department of Motor Vehicles, Charleston, to obtain a Temporary Alcohol License (TAL). The TAL costs $100 and grants you unrestricted driving privileges in South Carolina until the hearing judge makes a final decision on your suspension.
How Much Does the Implied Consent Process Cost?
Challenging the administrative suspension involves specific, out-of-pocket costs to state agencies.
| Action / Item | Estimated Cost in South Carolina |
|---|---|
| OMVH Administrative Hearing Request Fee | $200 |
| Temporary Alcohol License (TAL) Fee | $100 |
| Attorney Fee for ALR Hearing | Often included in total DUI defense fee, or $500 - $1,500 if billed separately |
| Ignition Interlock Restricted License (if you lose the hearing) | $100 (plus IID installation and monthly fees) |
How Long Does the Process Take?
After you mail your Form OMVH, South Carolina, Office of Motor Vehicle Hearings, Request for Contested Case Hearing, it generally takes 1 to 2 weeks to be processed, allowing you to get your TAL. The actual administrative hearing is usually scheduled 2 to 4 months after the request is filed. If you win the hearing, your regular license is restored. If you lose, the original 6-month suspension kicks in on the date of the decision, and you will be forced to enroll in ADSAP and obtain an Ignition Interlock Restricted License (IIRL) to drive.
Is the ALR hearing the same as my criminal DUI trial?
No. The OMVH hearing is a civil administrative procedure strictly concerning your driving privileges. Your criminal DUI trial takes place in a magistrate or municipal court and handles the actual criminal charges, fines, and potential jail time.
Can I refuse a blood test at the hospital?
If an officer has probable cause to suspect you are driving under the influence of drugs, or if you are physically unable to provide a breath sample, they may request a blood test. Refusing a blood test carries the same Implied Consent suspension penalties as refusing a breathalyzer.
What happens if I win the OMVH hearing but lose the DUI trial?
If you win the OMVH hearing, the administrative refusal suspension is erased. However, if you are later convicted of the criminal DUI charge in court, a new, separate driver's license suspension will be triggered based on the DUI conviction.
Can I drive outside of South Carolina with a TAL?
A Temporary Alcohol License is only valid for driving within the state of South Carolina. Driving in neighboring states like North Carolina or Georgia with a TAL could result in a citation for driving without a valid license in those jurisdictions.
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