South Carolina · DUI · Checked October 2026
DUI License Suspension in South Carolina: Hearing Deadline and Hardship License
DUI License Suspension in South Carolina: What Are the Rules?
You have 30 days to challenge a license suspension after a DUI arrest in South Carolina.
- Deadline to challenge
- 30 days
- How it is counted
- The issuance of the notice of suspension (the statute says 'within thirty days of the issuance of the notice of suspension';
- Failed test
- 1 month for a first offense with an alcohol concentration of 0.15 or more (2 months second, 3 months third, 4 months fourth or subsequent)
- Refused test
- 6 months for a first refusal (9 months second, 12 months third, 15 months fourth or subsequent)
- Hardship license
- Ignition interlock restricted license; temporary alcohol license (pending hearing)
How to Request a Hearing in South Carolina
Request a contested case hearing before the Office of Motor Vehicle Hearings (part of the Administrative Law Court) under its rules of procedure; the filing fee is $200 unless its rules prescribe otherwise. Within the same 30 days you may also enroll in the Ignition Interlock Device Program or get a $100 temporary alcohol license from the DMV, which lets you drive without restrictions until the hearing decision.
Suspension if You Fail a Test in South Carolina
1 month for a first offense with an alcohol concentration of 0.15 or more (2 months second, 3 months third, 4 months fourth or subsequent)S.C. Code § 56-5-2951(A), (B), (I); § 56-5-2950(B)(4); § 56-5-2952
Official source: suspension if you fail a test (South Carolina)
Suspension if You Refuse a Test in South Carolina
6 months for a first refusal (9 months second, 12 months third, 15 months fourth or subsequent)S.C. Code § 56-5-2951(A), (B), (I); § 56-5-2950(B)(4); § 56-5-2952
Official source: suspension if you refuse a test (South Carolina)
Getting a Ignition Interlock Restricted License; Temporary Alcohol License (Pending Hearing) in South Carolina
For DUI or DUAC violations on or after May 19, 2024, the DMV no longer issues a provisional license for a first offense or a route-restricted license for implied-consent or 0.15 BAC suspensions. Instead, the suspension ends when you enroll in the Ignition Interlock Device Program and get an ignition interlock restricted license. While a contested case hearing is pending, a $100 temporary alcohol license lets you drive without restrictions until the hearing result.
More on DUI Law in South Carolina
See the full overview of DUI laws in South Carolina and read about hardship licenses in every state.
This page summarizes South Carolina law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in South Carolina can advise on your case.
Frequently Asked Questions
How Long Do You Have to Request a Hearing in South Carolina?
30 days. How it is counted: the issuance of the notice of suspension (the statute says 'within thirty days of the issuance of the notice of suspension';.
How Long Is the License Suspension for Failing a Test?
1 month for a first offense with an alcohol concentration of 0.15 or more (2 months second, 3 months third, 4 months fourth or subsequent)
Can You Get a Hardship License in South Carolina?
For DUI or DUAC violations on or after May 19, 2024, the DMV no longer issues a provisional license for a first offense or a route-restricted license for implied-consent or 0.15 BAC suspensions. Instead, the suspension ends when you enroll in the Ignition Interlock Device Program and get an ignition interlock restricted license. While a contested case hearing is pending, a $100 temporary alcohol license lets you drive without restrictions until the hearing result.