If you have been arrested for a DUI with a blood alcohol content (BAC) below 0.16, your license should not be suspended, and you should be allowed to drive immediately. If your license has been suspended, you are entitled to appeal that suspension within 30 days.
If you hire our skilled legal team, we could get your appeal in the mail within five to six business days. You can also go to the local DMV office and get a temporary alcohol-restricted driver’s license while your implied consent matter is pending.
You must fill out an implied consent notice of suspension form letting the court know that you are challenging the officer’s decision to suspend your driver’s license. You are also responsible for a $200 filing fee for the appeal. For help with challenging a license suspension following a Charleston DUI, consider speaking with a dedicated attorney from our firm.
Typical Suspensions after a DUI Arrest
Depending on whether the DUI arrest is a first, second, third, fourth, or subsequent offense, a person’s license will be suspended for a particular amount of time. The nature and length of a DUI license suspension also depends on whether a person refuses the breathalyzer test or blows a 0.16 BAC or greater. A person who refuses the breathalyzer test on a first-offense DUI would have their license suspended for a period of six months. If they submitted a breath test and blew 0.16 or greater, their driver’s license would be suspended for up to 30 days.
Hearing Process
Challenging a license suspension after a DUI arrest in Charleston involves a hearing before an administrative law judge where the officer who arrested the defendant must prove that their decision was valid. While the circumstances are different for every DUI case, the burden of proof is always on the government.
There would be a hearing officer or a judge who will overhear the case between the defense attorney and the arresting officer. It is up to the arresting officer to present sufficient evidence before the hearing officer to support or justify their decision to suspend the driver’s license.
After requesting a formal review hearing, a person should work with their lawyer to gather all the evidence necessary. It is also very important to prepare for the suspension hearing by reviewing relevant case law and other pieces of evidence in their DUI case. This part of the process can be made easier with the professional help and guidance of our well-versed legal advocates.
If the person receives an unfavorable outcome in the hearing, they would not be brought to jail or fined. They would just have to adhere to the driver’s license suspension and complete the Alcohol Drug Safety Action Program (ADSAP) before they can get their driving privileges back.
The Role of an Attorney in Challenging a License Suspension after a Charleston DUI
If you feel that your driving privileges were unjustly revoked after getting pulled over for driving under the influence of drugs or alcohol, you should consider appealing law enforcement’s decision to suspend your license. However, challenging a license suspension following a Charleston DUI can be difficult without qualified legal counsel. For this reason, you should get in touch with our firm as soon as possible so we can begin working on your appeal today.
