A DUI arrest in South Carolina starts two cases at once. One is the criminal charge that will be heard in court. The other is an administrative case over your driver’s license, and it runs on a much shorter clock. What you do in the first 30 days often decides whether you keep driving while the criminal case is pending.
Day one: read the paperwork you were given
Before you leave the jail, the officer typically hands you several documents: the uniform traffic ticket listing the charge and court date, a bond receipt, and in many cases a Notice of Suspension. A suspension notice is issued when a driver refuses the breath test or registers 0.15 or higher. Keep every page. The dates and boxes checked on these forms matter later.
The 30-day deadline for your license
Under S.C. Code § 56-5-2951, you have 30 days from the notice of suspension to request an administrative hearing with the Office of Motor Vehicle Hearings. If the request is not filed in time, the suspension stands and the opportunity to challenge it is lost.
Filing the request does two things. It puts the officer to the burden of justifying the suspension at a hearing, and it allows you to apply to the SCDMV for a temporary alcohol license, which generally lets you keep driving until the hearing is decided. The hearing is also the first chance to question the arresting officer under oath, which can be valuable for the criminal case.
Request the video
South Carolina law (S.C. Code § 56-5-2953) requires officers to record a DUI arrest, including the stop, the field sobriety tests and the breath test site. Missing or incomplete video can affect how the case is resolved. Video and breath-test records should be requested early, before routine retention periods run.
Write down what happened while it is fresh
Within the first few days, write a private timeline for your attorney. Include:
- Where you were coming from and what you ate or drank, with times
- The reason the officer gave for the stop
- Which field sobriety tests you were asked to perform and the conditions (lighting, surface, footwear, weather)
- Any medical conditions, injuries or medications
- Names of passengers or anyone who saw the stop
- Receipts, bar tabs or ride-share records that show a timeline
Do not post about the arrest on social media and do not discuss the details with anyone other than your lawyer.
What happens with the criminal charge
A first-offense DUI in Sumter County is usually heard in magistrate or municipal court, and you have the right to a jury trial. Penalties depend on the blood alcohol level, prior record and other factors, and can include fines, jail time, license suspension, the Alcohol and Drug Safety Action Program and, in some cases, an ignition interlock device. A DUI conviction cannot be expunged in South Carolina, so the outcome follows you.
Arrested outside Sumter?
The same 30-day rule applies statewide. Keffer Law Firm also handles DUI charges in Manning and Clarendon County and DUI charges in Florence County.
Talk to a Sumter DUI lawyer before the deadline
Attorney John S. Keffer has defended DUI cases in Sumter since 1999. Learn more about his Sumter DUI defense practice, or schedule a consultation at our office at 10 Law Range. Call (803) 774-1004 as soon as possible after an arrest.
The implied consent and hearing rules are in Title 56, Chapter 5 of the South Carolina Code.
DUI Arrest FAQs
Will I lose my license after a DUI arrest?
Not always. After a DUI arrest, a suspension applies if you refused testing or registered 0.15 or higher, but requesting a hearing within 30 days can allow you to keep driving for now.
Can a DUI arrest be expunged?
If the DUI arrest ends in a dismissal or not-guilty verdict, the charge can generally be expunged. A DUI conviction cannot be expunged in South Carolina.
How soon should I call a lawyer after a DUI arrest?
As soon as possible. The 30-day deadline after a DUI arrest is short, and early requests for video and records can matter.
This article is general information about South Carolina law, not legal advice for your situation.
