What Determines the Best Interest of a Child in a Custody Dispute in SC

What Determines the Best Interest of a Child in a Custody Dispute in SC

Almost all decisions made by the family court related to children must be guided by the “best interests of the child” standard – including child custody. 

Custody disputes can be messy, painful, and are often the most emotionally charged parts of divorce proceedings. Whenever possible, the parents should come to an agreement on custody and visitation, but, if they cannot, a judge will decide for them. 

How can a family court judge make such an impossible choice? 

There are several South Carolina laws judges must consider when decided the best interests of a child in a custody dispute, including:

  • The child’s religion,
  • The child’s preference,
  • Whether there is domestic violence, and
  • A list of factors used to determine the best interests of the child. 

Determining What is in a Child’s Best Interest

There are several factors a South Carolina court uses to determine what is in a child’s best interest in making custody decisions. Many of these factors are expressly stated in the South Carolina Code of Laws.

Statutory Considerations when Determining Child Custody

South Carolina law contains specific instructions for the family court regarding the “Tender Years Doctrine,” the child’s religion, the child’s preference for placement, and domestic violence allegations. In addition to these statutes, South Carolina law also contains a comprehensive list of factors the court must consider when deciding what is in the best interests of a child during a custody dispute. 

No More Tender Years Doctrine

The “Tender Years Doctrine,” which presumed that custody of a young child under the age of four should be given to the mother, was abolished by SC Code Section 63-15-10. A child’s age, alone, should never be a consideration in determining whether the child’s mother or father is best equipped to provide and care for the child. 

Religion

When a child is being placed with a non-parent, the child’s religious faith must be considered. 

SC Code Section 63-15-20 requires the court to place a child with an individual, agency, or institution that is 1) governed by the same faith as the parents of the child 2) the same faith as the child if the parents do not share the same faith, or 3) the faith of either parent if the child’s religious faith is not ascertainable. 

This statute does not require the court to consider the parent’s faith in a custody dispute, only when the child is being placed with an individual who is not a parent, an agency, or an institution. 

When the parents have two different faiths, however, the child’s religious faith may be a factor that the court considers under SC Code Section 63-15-240(B)(17)

The Child’s Preference

Code Section 63-15-30 requires the court to consider the child’s reasonable preference for custody, based on the child’s:

  • Age,
  • Experience,
  • Maturity,
  • Judgment, and 
  • Ability to express their preference. 

Although the child’s preference is always a factor the court must consider, the court should give greater weight to the child’s preference based on their age and maturity level – as a child becomes older, they will have more experience, maturity, judgment, and ability to express their preference. 

Domestic Violence

Evidence of domestic violence must also be considered when the family court is making a custody determination.

A mere allegation of domestic violence is not enough to deny custody to a parent, but the court will consider evidence of domestic abuse whether or not there is a criminal conviction. SC Code Section 63-15-40 requires the court to consider evidence of:

  • Physical or sexual abuse, and
  • Which party was the primary aggressor in any domestic violence incident. 

If one parent is absent from the home because they were a victim of domestic abuse, their absence from the home is not sufficient cause alone to deny custody to that parent. 

The “Best Interests of the Child” Standard

What do the above factors all have in common? 

Final custody determinations must be based on the best interests of the child – in addition to the laws described above, SC Code Section 63-15-240(B) contains a comprehensive list of factors that the court must consider when determining the best interests of a child in a custody dispute, including:

  • The child’s temperament and developmental needs,
  • Each parent’s ability to understand and meet the child’s needs,
  • Each child’s preference,
  • Each parent’s wishes,
  • The child’s relationship with each parent, siblings, and other persons (like grandparents, aunts, and uncles) who will affect the child’s best interests,
  • Each parent’s ability to encourage an appropriate parent-child relationship with the other parent,
  • Manipulative or coercive behavior by either parent to involve the child in the parent’s dispute,
  • Whether one parent disparages the other parent in front of the child,
  • Each parent’s ability to be involved in the child’s life,
  • The child’s ability to adjust to the home, school, or community of each parent,
  • The stability of each parent’s home,
  • The mental and physical health of the people involved with the child at each home, 
  • The cultural and spiritual background of the child,
  • Any abuse or neglect of the child or a sibling,
  • Evidence of domestic violence or child abuse,
  • Whether a parent has moved more than 100 miles away from the child’s home in the past year, and
  • Any other factors that the court finds are necessary to consider in determining the best interests of the child. 

Questions About Child Custody and the Best Interests of the Child?

If you are considering separation or divorce, or if you need help with a custody dispute in South Carolina, call an experienced South Carolina child custody attorney now who can answer your questions and help to protect your rights during the process.  

Call 843-761-3840 or use this form to contact us today to discuss your case and start working towards the best possible outcome for you.

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Weapons Charges in SC: Pointing & Presenting & Unlawful Carry

Weapons Charges in SC: Pointing & Presenting & Unlawful Carry

Weapons charges in South Carolina cover a broad range of criminal offenses based on the unlawful possession or unlawful use of firearms.

 

If you are a gun owner, you should know South Carolina’s gun laws – even a simple mistake involving carrying a firearm in the wrong manner or firing it in the wrong place could result in weapons charges, potential jail time, and the loss of your right to own and carry a firearm. 

Below, we will cover some of the more common weapons charges that we see in South Carolina, including:

  • Unlawful carry – carrying or storing your firearm in the wrong place,
  • Unlawful possession – possession of a firearm by someone who is prohibited,
  • Pointing or presenting – just showing your firearm in a threatening manner can be a crime, and
  • Discharging a firearm at or into a home or vehicle. 

Criminal Weapons Charges in South Carolina

When and where can you carry a handgun in South Carolina? When and where can you shoot your handgun in South Carolina?

There are very specific laws regarding the answers to these questions. Keep reading to find out what you can’t do.

South Carolina Weapons Charges: Unlawful Carry and Unlawful Possession

As a starting point, it is a crime in South Carolina to carry a handgun, whether it is concealed or openly carried, unless you fall within one of the statutory exceptions

What are the exceptions? 

Unlawful Carry Charges in South Carolina

SC Code Section 16-23-20 lists the circumstances when someone can carry a handgun in South Carolina, including:

  • Law enforcement officers when they are carrying out their official duties, 
  • Members of the armed forces when they are on duty,
  • Members of gun clubs and their guests when authorized by law to purchase or receive firearms for the purpose of target shooting or gun collecting when they are at or traveling to or from target practice, shows, or exhibits,
  • Licensed hunters or fisherman while hunting or fishing or while traveling to or from the place where they are hunting or fishing,
  • Persons “regularly engaged in the business of manufacturing, repairing, repossessing, or dealing in firearms” when they are “possessing, using, or carrying a handgun in the usual or ordinary course of the business,”
  • Guards who are authorized by law to carry handguns while protecting US government property,
  • Military or civil organizations while parading or traveling to and from meeting places, and
  • Prison guards while on duty. 

Can you carry a handgun in your home? 

You can possess or carry a handgun in your home, on your property, or on someone else’s property if you have the property owner’s permission. 

Can you carry a handgun in your car? 

You can have a handgun in your car, but, if you do not have a concealed weapon permit (CWP), the handgun must be in a:

  • Closed glove compartment,
  • Closed console,
  • Closed trunk, or
  • Closed and secured container in the luggage compartment. 

To simplify things even further, the handgun MUST be in a latched container unless you have a CWP.

You are also allowed to carry a handgun from your vehicle to another place where it is legal to have it, like your home, a firing range, or your business. 

Can you carry a handgun on your motorcycle? 

You can carry your handgun on a motorcycle if it is secured in the saddlebags or another closed accessory container attached to the motorcycle. 

What if I have a concealed weapon permit?

If you have a CWP, you can carry a firearm, whether concealed or openly carried (see South Carolina’s Open Carry with Training Act that went into effect August 15, 2021), in all locations that are not otherwise prohibited by South Carolina law. 

In a vehicle, your CWP also allows you to secure your weapon under a seat or in any open or closed container in the passenger compartment. 

What are the Penalties for Unlawful Carry? 

SC Code Section 16-23-50(A)(2) makes unlawful carry a misdemeanor punishable by one year in prison and/or a fine of up to one thousand dollars. 

Unlawful Possession of a Handgun

Weapons charges in South Carolina include the possession of a handgun by someone who is prohibited, and it is also a crime to “knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State” a handgun to a prohibited person. 

This includes anyone who:

  • Has been convicted of a crime of violence,
  • Is a fugitive from justice,
  • Is a habitual drunkard, drug addict, or has been “adjudicated mentally incompetent,”
  • Is a member of a subversive organization,
  • Is under the age of eighteen (but this does not apply to minors under the supervision of a parent or adult instructor), or
  • Has been declared unfit to carry a firearm by order of a circuit court judge or county court judge. 

Unlawful possession weapons charges also apply to the possession of guns “from which the original serial number has been removed or obliterated.” 

Unlawful possession of a weapon in South Carolina is a felony that carries up to five years in prison and/or a fine of up to two thousand dollars. 

South Carolina Weapons Charges: Pointing or Presenting and Illegal Discharge 

There are several other weapons charges in South Carolina – two of the more common charges we see are pointing and presenting and illegal discharge (or drive-by shooting). 

Pointing or Presenting Charges in South Carolina

SC Code Section 16-23-410 states if you “present” (display) a firearm to someone, or if you point a firearm at someone, it is a felony punishable by up to five years in prison or a fine at the court’s discretion. 

It doesn’t matter if the firearm is loaded or unloaded, but you cannot be convicted of pointing or presenting if you were acting in self defense or if you were pointing or presenting the firearm as part of a theatrical performance. However, that does not mean you cannot be charged for such.

Illegal Discharge 

The South Carolina law that covers “drive-by shootings,” SC Code Section 16-23-440(A), makes it a crime to fire a gun (or cause the gun to be fired) at or into:

  • A “dwelling house, other building, structure, or enclosure regularly occupied by persons,” or
  • A “vehicle, aircraft, watercraft, or other conveyance, device, or equipment while it is occupied.”

In either case, illegal discharge of a firearm is a felony punishable by up to ten years in prison and/or a fine of up to one thousand dollars. 

Questions About Weapons Charges in South Carolina? 

If you own a firearm, make sure you know the gun laws in South Carolina. And, if you have been charged with a weapons charge in South Carolina, get an experienced criminal defense lawyer on your side immediately who can begin preparing your defense, work to get your case dismissed, negotiate on your behalf, and try your case to a jury when necessary. 

Call 843-761-3840 or use this form to contact us today to discuss your case and start working towards the best possible outcome for you.

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South Carolina Child Visitation Schedules

South Carolina Child Visitation Schedules

If you are separated or divorcing and you have children, you are going to need a visitation schedule. 

What is a visitation schedule? 

It is a plan that says where your child is going to be and when they will be there. It contains all the details about when the non-custodial parent will have visitation, where it will happen, where the child will spend weekends, holidays, and vacations, and who provides the transportation. 

In this article, we will discuss:

  • How to create a South Carolina child visitation schedule, 
  • What should be covered in your South Carolina child visitation schedule, 
  • Why you should reach an agreement regarding the South Carolina visitation schedule whenever possible, and 
  • What the standard visitation schedule in South Carolina  looks like.  

How Do You Create a Child Visitation Schedule?

Before creating a child visitation schedule, you must establish the type of child custody arrangement you will have. Then, you can create a schedule to coordinate your child’s custody, visitation, and transportation with your child’s other parent. 

Your custody arrangement should account for both physical custody (where the child lives) and legal custody (who makes important educational, religious, or health decisions on behalf of the child), and the arrangements could include:

  • Sole physical custody – where one parent is the primary caregiver while the other parent has regular visitation with the child,
  • Joint physical custody – where both parents take turns as the primary caregiver and physical custody is split between the parents,
  • Sole legal custody – where one parent is responsible for major decisions on behalf of the child, 
  • Joint legal custody – where both parents share responsibility for major decisions on behalf of the child but one parent has the final say-so, and
  • Any combination of physical and legal custody.

Sole physical custody with visitation rights to the non-custodial parent is the most common physical custody arrangement, with joint legal custody, but the family court will approve other arrangements when the parties agree and it is in the best interests of the child. 

Once you know which parent will be the primary caregiver and where the child will be living, then you must determine when the non-custodial parent will have visitation, where the visitation will be, and how the child will be transported to and from visitation. 

What Should be Covered in a Child Visitation Schedule?

Your visitation schedule should include:

  • A residency schedule – detailed information about where the child will live during the school year’s weekdays and weekends, 
  • When the non-custodial parent will take the child for visitation during the school year and where the child will stay during visitation, 
  • A summer schedule – whether the child will live with the non-custodial parent during the summer months, 
  • A schedule for winter breaks and spring breaks from school, 
  • A holiday schedule that lists all holidays and special occasions, when the holiday begins and ends, and which parent the child will stay with during each holiday, and
  • A vacation schedule that covers pre-planned vacation time, the start and end dates, and which parent the child will stay with on those dates. 

Other issues that should be covered in the child visitation schedule include:

  • Who will be responsible for the child’s transportation, 
  • Where the parents will meet for the visitation exchange, 
  • Who will pay for transportation costs, and 
  • Who will pay for unanticipated costs related to the child’s transportation. 

There may be other issues that the parents can anticipate and include in their visitation schedule. Remember, the goal of a visitation schedule is to avoid arguments and disputes down the road. 

If there is a disagreement that cannot be resolved, the parents need only refer to the visitation schedule and the custody order. Or, if visitation rights or transportation issues must be resolved by the court, there is a court order in place that can be enforced. 

Standard Child Visitation Schedule in SC: 

If the parents cannot agree on the visitation schedule, the court will most likely order the “standard visitation schedule.” The parents may also simply agree to adopt the standard visitation schedule to simplify things, understanding that is what the court is likely to do anyway. 

The standard visitation schedule in SC usually consists of:

  • Visitation with the non-custodial parent every other weekend from 6:00p.m. on Friday evening until 6:00 p.m. on Sunday evening, 
  • Visitation with the non-custodial parent every other Wednesday after school until 8:00 p.m., 
  • Visitation with the non-custodial parent for between three and four weeks during the summer, and
  • Alternating holidays, switching them each year. 

Which parent provides transportation and which parent is responsible for the costs of transportation will depend on where the parents live, the distance that must be traveled, and other circumstances that may vary from case to case. 

Child Visitation Schedule Agreements:

Your visitation schedule should be created by agreement whenever possible. When the parties cannot agree, it will sometimes make sense to just agree to the standard visitation schedule that the court is likely to order anyway. 

When the parties agree on the visitation schedule, the court will likely incorporate their agreement into the court’s final order if it is in the child’s best interests. 

Questions About Child Visitation Schedules in SC? 

If you are considering separation or divorce and need help with your child visitation schedule, call an experienced South Carolina divorce attorney now who can answer your questions and help to protect your rights during the process.  

Call 843-761-3840 or use this form to contact us today to discuss your case and start working towards the best possible outcome for you.

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Let’s discuss the details of your case and see if we can help.

What are the Types of Divorce in SC?

What are the Types of Divorce in SC?

There are five types of divorce in South Carolina – you can only get a divorce if you fall into one of those five categories. 

Each state has its own grounds for divorce – some allow no fault divorces based on irreconcilable differences, while others do not. Some states don’t allow fault-based divorces at all. 

South Carolina’s five grounds for divorce include a no-fault divorce based on one-year separation and four fault grounds for divorce. Below, we will discuss each of the five types of divorce in SC and what type of proof each requires. 

Types of Divorce in South Carolina: 

There are five types of divorce, or five grounds for divorce, in South Carolina, including:

  • No fault divorce based on one year separation,
  • Adultery,
  • Physical cruelty,
  • Habitual drunkenness, and
  • Desertion. 

Let’s take a look at each of these, starting with no fault divorces. 

No-Fault Divorce Based on One Year Separation

A no fault divorce means that the breakup is mutual, or at least no one is contesting the divorce. 

SC Code Section 20-3-10(5) says that either spouse can ask for a divorce “when the husband and wife have lived separate and apart without cohabitation for a period of one year.” 

No one has to be at fault, and the parties don’t have to prove anything except they lived separate and apart. What does that mean? 

The parties must remain separated – they can’t live under the same roof and they cannot reconcile during the one-year period. If the parties attempt to reconcile and then decide it’s still not going to work, the one-year clock starts over. 

Does a No-Fault Divorce Mean We Agree on Everything? 

Not necessarily – although it is best to reach an agreement before your final divorce hearing as to child custody, child support, alimony, and division of property, there are cases where those matters are disputed even though the divorce is based on one-year’s separation. 

The grounds for divorce may be mutually agreed upon – one year’s separation – but the details will still have to be worked out, either in negotiations, mediation, or at trial. 

Fault Based Divorce in South Carolina:

There are four types of divorce in South Carolina based on fault grounds, which are adultery, physical cruelty, habitual drunkenness, and desertion. 

Why blame the other spouse and file for a fault-based divorce? 

Fault in the circumstances that led to divorce, or marital misconduct, can have a significant impact on the final divorce decree, including who gets custody of the children, whether one spouse must pay alimony, and the division of marital assets. 

If your spouse is abusive and/or your children are in danger at your spouse’s home, it may be critical that 1) you get full custody of the children and 2) visitation with your spouse be limited or supervised. 

If your spouse has committed adultery, they are not entitled to alimony. Adultery, physical violence, habitual drunkenness, or other marital misconduct are also factors the court will consider when dividing marital assets. 

Adultery

Adultery is when one spouse cheats on the other, and it refers to sexual misconduct. It doesn’t matter if it is an ongoing affair or a one-night stand, but, if you “condone the adultery” by reconciling with your spouse, it is no longer a ground for divorce. 

How do you prove adultery? 

  • Witness testimony, including your private investigator,
  • Photos, 
  • Video, or
  • Any other evidence that tends to prove inclination and opportunity to commit adultery. 

Often, our clients use a private investigator to collect the evidence that they need. You don’t have to get photos or video of your spouse committing the act – proof of inclination (holding hands, spending an abnormal amount of time together) and opportunity (walking into a motel room or home together) are usually enough. 

In some cases, it is critical that you prove the adultery because 1) adultery is a complete bar to alimony and 2) marital misconduct is a factor that the court may consider when deciding child custody and division of the marital assets. 

Physical Cruelty

Physical cruelty is another type of divorce in South Carolina. It means physical abuse – pushing, shoving, hitting, or other conduct which creates a substantial risk of death or serious injury to you. 

How do you prove physical cruelty? 

  • If your spouse has been charged with domestic violence or if you were forced to seek a protective order against them, 
  • Photos or video of injuries, 
  • Medical testimony, or
  • Testimony of family members or friends who either witnessed the abuse or witnessed your injuries. 

If your spouse was convicted of domestic violence or violating a restraining order, they cannot deny the criminal conviction because the standard of proof in criminal court (beyond a reasonable doubt) is higher than the standard of proof in the civil or family courts. 

On the other hand, if they had a domestic violence charge dismissed, that doesn’t prevent you from proving to the family court that the abuse happened – in the family court, the standard of proof is lower than in the criminal courts; therefore, you can still claim physical cruelty as a ground for divorce. 

Habitual Drunkenness

Habitual drunkenness doesn’t just refer to alcohol – it could mean your spouse’s abuse of alcohol or any type of drug. 

It also doesn’t mean your spouse has been diagnosed as an alcoholic or drug addict – you will need to prove that they use alcohol or drugs on a regular basis (this could mean every day, or it could mean twice a week), and their use of alcohol or drugs caused the breakdown of the marriage. 

How do you prove habitual drunkenness? 

Assuming your former spouse doesn’t admit to their problem and the impact it had on your marriage, you can prove your case through:

  • Witness testimony – friend or relatives who have observed your former spouse’s alcohol or drug use,
  • Testimony from your private investigator,
  • Photos or videos, 
  • Evidence that your former spouse was admitted for treatment for drug or alcohol abuse, or
  • Arrests or convictions for alcohol or drug-related offenses. 

Desertion 

The final type of divorce in South Carolina is desertion, or abandonment. 

If your former spouse just disappeared with no explanation, you did not agree to their desertion, and you received no support from your former spouse during the one-year period, you are entitled to a divorce on the ground of desertion. 

As with the other types of divorce, desertion can be proven through witness testimony, including the testimony of a private investigator who has made reasonable attempts to locate your former spouse. 

Questions About Types of Divorce in South Carolina? 

If you are considering separation or divorce, call an experienced South Carolina divorce attorney now who can answer your questions and help to protect your rights during the process.  

Call 843-761-3840 or use this form to contact us today to discuss your case and start working towards the best possible outcome for you.

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Let’s discuss the details of your case and see if we can help.

What You Need to Know About Administrative Hearings in SC

What You Need to Know About Administrative Hearings in SC

If you have been arrested for DUI, you may not realize that you will lose important rights if you do not request an administrative hearing within 30 days. 

If you refused the breathalyzer test or if you took the test and the result was .15% or greater, your license was immediately suspended. That suspension, as well as ADSAP and ignition interlock device (IID) requirements, is separate from your criminal case and is heard in a different courtroom. 

In this article you will learn:

  • When you need an implied consent hearing, 
  • What an implied consent hearing is, 
  • How to request the hearing, and 
  • How to get a temporary license that allows you to drive until your hearing. 

Administrative Hearings in South Carolina: One DUI, Two Courts

DUI law in South Carolina can be complex and difficult to navigate. 

One example of this is the procedure for requesting administrative hearings in South Carolina when you have an implied consent violation – your criminal charges for DUI and your administrative hearing for implied consent will be in two different courtrooms, on two different dates, with two separate sets of penalties if you lose. 

DUI Charges in the Criminal Court

Your DUI charge will be heard in a criminal court – the magistrate or municipal court if it is a DUI or DUAC 1st offense, and General Sessions Court for all other DUI offenses. Your case will automatically be scheduled for an initial court date if it is in the lower courts or an initial appearance (roll call) if it is in General Sessions Court. 

Implied Consent Hearings in the Administrative Court

If you have an implied consent violation because you refused the breathalyzer or because your breath test result was .15% or greater, your administrative hearing date is not automatically scheduled, and your license is immediately suspended in SC.

You will get a notice of suspension from the arresting officer, and you have only 30 days to request an administrative hearing, or you will lose your right to contest the implied consent suspension. The proceedings and the penalties if you lose the hearing are separate from your DUI charges – one has no impact on the other. 

Whether you win or lose your administrative hearing, you must still fight the DUI charge in another courtroom on another day. 

Notice of Suspension

The arresting officer (or Datamaster operator, if they are not the same person) will give you a “Notice of Suspension” along with your other paperwork. 

You will need the original Notice to request an administrative hearing, and it contains instructions for how to request an administrative hearing to contest the implied consent suspension, the address to which you must mail the request, and the fee that you must pay. 

Do not lose your original Notice of Suspension, and make sure you bring it to your attorney at your first meeting. 

Implied Consent – What Does it Mean? 

South Carolina’s implied consent statutes say any person who drives a motor vehicle in the State of South Carolina has “impliedly consented” to a breath, blood, or urine test to determine whether they are under the influence. 

Of course, you didn’t really consent to that. Nevertheless, if you refuse the breathalyzer (or a blood or urine test), you may suffer administrative penalties including a license suspension, enrollment in ADSAP, and an ignition interlock device (IID) requirement. 

The officer will read your “implied consent rights” to you and provide you with a written copy of your implied consent rights before offering you the breath test. You have the right to refuse the test. 

If you refuse the test, your license is suspended. If you take the test and the result is .15% or greater, your license is still suspended. The length of suspension depends on how many prior DUI convictions you have had and whether the suspension is for a refusal or a result greater than .15%: 

Prior Convictions During Past 10 Years License Suspension Period for BAC of .15% or higher License Suspension Period for Refusing the Breathalyzer
0 1 month 6 months
1 2 months 9 months
2 3 months 12 months
3 4 months 15 months

You can request an administrative hearing, however, where you can ask the administrative law court to “overrule” the officer’s decision to suspend your license. 

Temporary Licenses

Once you have requested an administrative hearing for an implied consent violation, you can get a temporary, “alcohol restricted” license that will allow you to drive anywhere (as long as there is no alcohol in your system) until the hearing date. 

The Implied Consent Hearing

At the implied consent hearing, your attorney can ask an administrative hearing officer to “rescind the suspension” because:

  • There was no probable cause for the arrest, 
  • The officer did not follow SLED policy and procedure when administering the test, 
  • The officer who administered the test was not qualified,
  • The machine was not working properly, or 
  • The officer did not comply with SC’s implied consent laws when administering the test. 

If the hearing officer agrees, you get your license back (but you must still appear in the criminal court for the DUI charges). If the officer doesn’t appear on the hearing date or if the officer does not enter testimony, you get your license back. 

If you lose the administrative hearing or if you do not request the hearing, your license will be suspended, you will need to enroll in the ADSAP program, and you may be required to install an ignition interlock device on your vehicle before you can drive again. 

These penalties are separate and in addition to any penalties that you face if you are convicted of the DUI. For example, if you lose your administrative hearing and you are convicted of DUI, you will have two consecutive license suspensions. 

Questions About Administrative Hearings in South Carolina? 

If you have been charged with DUI in South Carolina, get an experienced DUI defense lawyer on your side immediately who can begin preparing your defense and ensure that you do not miss important deadlines.

Call 843-761-3840 or use this form to contact us today to discuss your case and start working towards the best possible outcome for you.

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Let’s discuss the details of your case and see if we can help.