How to Get Your License Back After a DUI in South Carolina

A South Carolina DUI Violation refers to operating a motor vehicle under the influence of alcohol or drugs. This offense is also known as Driving with an Unlawful Alcohol Concentration (DUAC) and has serious consequences, including jail, heavy fines, and license suspensions, even for a first-time offender. The South Carolina Department of Motor Vehicles (SCDMV) is responsible for the administrative parts of DUI offences, such as license suspensions and reinstatements.

Step 1: Know the Terms of Your Suspension

DUI offenses in South Carolina carry severe consequences that differ depending on a few factors. These include the number of prior DUI offenses, the driver's blood alcohol level, and whether the driver refused to submit to a chemical test.

According to the South Carolina Laws Relative to Impaired Driving, the following are the expected license suspension periods for DUI offenders.

Step 2: Fulfill Court and DMV Requirements

In South Carolina, DUI offenses will typically trigger penalties and consequences from both the Department of Motor Vehicles and the legal system, working independently and simultaneously. The DMV handles administrative penalties that do not depend on a court conviction, such as license suspensions, while the court imposes criminal charges, such as jail time.

Below are some simple distinctions between the two sets of conditions.
The South Carolina Department of Motor Vehicles or the Office of Motor Vehicle Hearings handles administrative penalties and proceedings that do not depend on criminal proceedings or convictions. The penalties focus on licensing and include the following:

• Suspension and revocation of the driver's license
• Accumulation of points on South Carolina's point system. A specific number of points on a driver's license will incur fines or suspensions.
• Financial penalties, such as reinstatement fees
• Mandating compulsory counselling for DUI problems
• Installation and maintenance of an Ignition Interlock Device

The Court will impose criminal penalties, including the following:

• Jail time
• Mandatory attendance at traffic school and other DUI programs
• Fines and court costs
• The court may order the car involved in a serious DUI incident impounded

Step 3: Complete a DUI Education or Treatment Program

Both the SCDMV and the local courts have the responsibility to order a DUI offender to attend mandatory DUI courses and programs. These programs aim to educate individuals about the dangers of drunk driving, discipline offenders, and help build positive habits. Mandatory DUI programs in South Carolina include the following.

The Alcohol and Drug Safety Program (ADSAP)

This is a state-wide substance abuse program for individuals with a DUI conviction to address drug use and includes assessment, intervention, education, and treatment. It is a state-wide course lasting about 3 months for first-time offenders; completing it is a mandatory condition for license reinstatement in South Carolina. The cost of the ADSAP will vary between providers, but it typically ranges between $500 and $2500 for educational and treatment services. Offenders typically enroll within 30 days of their conviction. Consult the county court for a list of ADSAP providers and choose one. Walk-in enrollments are generally accepted. Visit the provider's office with a valid ID, a 10-year driving record, and the court order or paperwork ordering the program.

DUI Court program

This is a more intensive outpatient counseling program aiming to mix substance abuse treatment with some judicial oversight. It lasts for a minimum of 12 months, involving group sessions, self-help meetings, monitoring, and court evaluations. The program typically costs about $1500.
To enroll, contact the program office within the local court, which will give you details on eligibility and fees.

Step 4: Get SR-22 Insurance or Equivalent

An SR-22, also known as a certificate of Financial Responsibility in South Carolina, is a form filed by an insurer showing that a person carries at least the state minimum liability coverage. This is required after a DUI or DUAC conviction to reinstate a suspended license. To obtain an SR-22, the driver typically inquires from their insurer if they may file the SR-22 form. If they do, request the form and fill it out, as well as any accompanying paperwork. The insurer will fill out the form after the driver pays the $50 filing fee. Insurance premiums may triple as a result of this filing. The driver typically maintains this filing for at least 3 years to fulfill the requirement.

Step 5: Pay Reinstatement Fees

The reinstatement fees in South Carolina will vary depending on the specifics of the suspension, if there were prior offenses, and if other charges were attached to the DUI and license suspension. The standard reinstatement fees include the following:

• The standard reinstatement fee for a first-time offense is $100 for each suspension.
• The fees for being caught driving under suspension from a DUI case are $300 for first offenders, $600 for second offenders, and $1000 for third or subsequent offenses.
• Driving without insurance will add $100 for a first offense and $200 for a second offense.

Drivers who owe more than $300 may qualify for the SCDMV Payment Plan.

Drivers may Pay Reinstatement Fees through several methods provided by the SCDMV. Payment may be made in person at the nearest SCDMV Locations, or by mailing a check or money order for the fees to the office at:

South Carolina DMV
Driver Records
P.O. Box 1498
Blythewood, SC 29016-0028

Payment may also be made Online by credit or debit card on the DMV website. It should be noted that the payment will only be processed if the address associated with the card matches the one in the SCDMV's records.

Step 6: Submit Your License Reinstatement Application

The first step in applying to reinstate a driver's license in South Carolina is to complete all requirements and collect documentation showing they have been completed. These include the following:

• Completion certificates from the Drug and Alcohol Safety Program and other DUI programs
• Proof of insurance (SR-22 form)
• Receipts showing payment of fines and reinstatement fees
• Drivers may also need to show that they have installed an IID device for the required period.

After collecting all the documentation, interested parties may visit the nearest SCDMV location and provide the information. Walk-in appointments are generally available. The staff will review your records, and if everything is in order, the license may be reinstated.

If paying online using the Pay Reinstatement Fee page on the SCDMV website, applicants will be required to verify their details by entering their name, driver's license number, date of birth, and the last four digits of their Social Security number. The system may list all requirements after you pay the reinstatement fees.

What If You're Denied License Reinstatement in South Carolina?

Common reasons for a denial of license reinstatement in South Carolina include the following:

• Outstanding or unpaid reinstatement fees or fines
• No proof of SR-22 insurance
• Not installing or violating the Ignition Interlock Device(IID)
• The applicant did not complete the Alcohol and Drug Safety Action Program
• The applicant did not serve the complete license suspension period
• Incomplete court requirements, such as outstanding cases, traffic tickets, and court fees

If the applicant feels the denial was unfair or incorrect, they may file for a contested case hearing via the Office of Motor Vehicle Hearings (OMVH). The appeal typically is filed within 30 days of receiving the denial in writing. This will cost a filing fee of $200. The hearing will allow the applicant to plead their case and provide evidence supporting their reinstatement application.

There is no specific waiting period for reapplying after a denial. An applicant may reapply for reinstatement immediately after they have resolved whatever issues caused the previous denial.

Hardship Licenses: Driving with Limited Privileges

In South Carolina, a hardship or restricted license is a license that grants temporary driving privileges to people with suspended licenses so they may drive under strict conditions. This license helps DUI offenders with important tasks such as school, work, and hospital trips, while the regular license is unavailable. To be eligible for a hardship license in South Carolina, drivers typically meet the following criteria:

• The driver had a valid license before it was suspended
• The driver has maintained the SR-22 insurance certificate for at least 3 years
• The driver shows they live far enough away that a vehicle is required, or that not using a car will negatively affect their life
• In some cases, the driver typically installs an Ignition Interlock Device

The various types of hardship licenses and how they may be obtained are available in the License Reinstatement Section of the SCDMV website.

How Long Does It Take to Get Your License Back After a DUI?

The estimated time to recover or reinstate a license fully after a DUI will depend on a few factors, including prior DUI offenses, the length of the suspension, and if a test refusal was involved. The table below gives a realistic estimate based on these factors, and if all requirements from the court and DMV were completed.