30-day hearing deadline calculator
Enter the date on your notice of suspension. We'll show the date 30 days later, the end of the window to request a contested case hearing.
This adds 30 calendar days to the date you entered. Confirm the exact deadline against your paperwork or with an attorney.
Two separate tracks after one arrest
A DUI arrest in South Carolina usually starts two processes that run on different clocks. Winning or losing one doesn't decide the other (S.C. Code § 56-5-2951(B)(4)).
| Criminal case | Administrative suspension | |
|---|---|---|
| Question | Are you guilty of DUI or DUAC? | Should your license stay suspended? |
| Where | Municipal, magistrate or jury court | SC Office of Motor Vehicle Hearings (OMVH) |
| Deadline | Your court date | 30 days from the notice of suspension |
| Possible result | Fine, jail, interlock, ADSAP | Suspension upheld or overturned |
How long the suspension lasts
The notice applies if you refused testing or tested at .15 or higher. Priors count if they were within the past 10 years (S.C. Code § 56-5-2951(I)).
| Offense | Refused the test | Tested .15 or higher |
|---|---|---|
| 1st | 6 months | 1 month |
| 2nd | 9 months | 2 months |
| 3rd | 12 months | 3 months |
| 4th or later | 15 months | 4 months |
Your options within the 30 days
- Request a contested case hearing. The request goes to the SC Office of Motor Vehicle Hearings. A filing fee applies.
- Get a temporary alcohol license ($100). It lets you drive without restrictions until the hearing is decided. If the suspension is overturned, the fee is refunded (S.C. Code § 56-5-2951(B)).
- Or enroll in the Ignition Interlock Device Program. This ends the suspension early. The device stays on for the time left on the suspension, with a three-month minimum (S.C. Code § 56-5-2951(I)(3)). Once you choose interlock, you can't switch back to serving the suspension.
What the hearing decides
The hearing is narrow. It looks only at whether you (S.C. Code § 56-5-2951(F)):
- were lawfully arrested or detained;
- were given a written copy of, and told out loud, your implied consent rights;
- refused the test; or, if you took it, whether the result was .15 or higher, the operator was qualified, the test followed the rules, and the machine was working properly.
Evidence about the accuracy of the breath result is allowed.
A local DUI attorney can request the hearing and tell you whether the temporary license or interlock makes more sense for you. Call anytime.
If you don't request a hearing
You give up the right to the hearing. The suspension continues for its full length, and you must enroll in the Alcohol and Drug Safety Action Program (ADSAP) (S.C. Code § 56-5-2951(D), (E)).
A conviction brings its own license consequences
The administrative suspension is separate from what happens if you're convicted. Since May 19, 2024, every DUI conviction requires an ignition interlock. A first offense requires it for six months (S.C. Code § 56-5-2990(A)(2)). See the full South Carolina DUI penalties for later offenses.
Out-of-state licenses
A South Carolina suspension applies to a visitor's "nonresident operating privilege," meaning your right to drive in South Carolina. SC must also send written notice to your home state's motor vehicle agency (S.C. Code § 56-5-2951(K)). What your home state does next depends on its own law. More for visitors: DUI on vacation in Myrtle Beach.
Frequently asked questions
How many days do I have to request a DMV hearing after a DUI in SC?
30 days from the date the notice of suspension was issued. The request goes to the SC Office of Motor Vehicle Hearings, and a filing fee applies. Check the date on your notice and confirm the deadline with an attorney.
Can I drive while my DMV hearing is pending?
Usually, yes, if you act within the 30 days. A temporary alcohol license costs $100 and lets you drive without restrictions until the hearing is decided.
What happens if I miss the 30-day deadline?
You waive the hearing. The suspension continues for its full length, and you must enroll in the Alcohol and Drug Safety Action Program (ADSAP).
How long is the license suspension for refusing a breath test in SC?
Six months for a first offense, then 9, 12 and 15 months for a second, third and fourth offense, counting priors within 10 years.
Can an ignition interlock end my suspension early?
Yes. You can enroll in the Ignition Interlock Device Program to end the suspension. The device stays on for the time left on the suspension, with a three-month minimum.
Does a South Carolina suspension affect my out-of-state license?
It suspends your privilege to drive in South Carolina, and South Carolina notifies your home state's motor vehicle agency. What your home state does next depends on its own law.
Related guides
Refused a breath test
Automatic 6 to 15 month suspension, the refusal can be used at trial, and how to get driving again.
Read the guideSouth Carolina DUI penalties
Fines and jail for 1st through 4th offense at every BAC tier, felony DUI, interlock and license rules.
Read the guideWhat happens after a DUI arrest
Booking, bond court in Conway, the video rule, your first court date and the license clock.
Read the guideDUI on vacation in Myrtle Beach
Going home doesn't end the case. What happens with your home state, court dates and travel.
Read the guide