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What Happens After Someone Is Arrested For A DUI?


After you have been arrested for a DUI, you will be taken to the local jail or police station in the area of the arrest. You will then be given a chance to take what is known as a breathalyzer test, which you have the right to refuse. You may also be asked to go to a local hospital to provide a urine sample if the officer suspects impairment from involvement of drugs. You do have the right to not consent to this test, or any other test that law enforcement asks you to take.

If you do choose to take the breathalyzer test, you must realize that you will be videotaped. The officer will then read you the “implied consent rights”, and you will also receive a written copy of those rights. If you do proceed with the breathalyzer test, the officer will then give you a copy of your results upon completion of the test.

Regardless of the results, you will be booked into the local county jail. After a few hours have passed, a magistrate or municipal judge will hold a bond hearing, and you will be released on either a personal recognizance bond, or a bond in the ticket, which could result in fines that range from $1000 up to $2000. You should have a copy of your blue ticket when you leave which has the date of your court appearance, and remember you should always consult with an attorney prior to this court appearance. DO NOT MISS THIS COURT DATE, OR YOU WILL BE FOUND GUILTY OF THIS DUI, IF YOU ARE ABSENT.

How Can I Get My License Back After It Has Been Confiscated By The Police At A DUI Stop?

You will not have your license returned to you if the breathalyzer test results show a 0.15% or higher. You are considered over the legal limit, and you will be arrested. This means your license will be suspended. In addition, remember if you also refuse to take the test, your license will still be suspended. However, this is an administrative suspension, and it should be appealed. That is why it is so important to hire an experienced DUI attorney in these matters.

How Long Do You Have To Request A Hearing With The Office of Motor Vehicle Hearings (OMVH) To Contest Your Driver’s License Suspension?

You have 30 days from the notice of the actual suspension to file an appeal with the Office of Motor Vehicle Hearings (OMVH) department. The filing fee is $200.00. Within a few days of filing the appeal, you will receive a temporary license. If you do not appeal this suspension, you will have to enroll in ADSAP in order to get your license back after the suspension period is completed. The suspension period is one month if you blow .15 % or higher, and six months if you refuse to take the breathalyzer test at all.

How Do I Contact The OMVH To Request A Hearing?

There are instructions on the form provided by the officer on how to contact the OMVH office. You need to retain a lawyer to help you with this situation; you cannot resolve this matter on your own. There is a $200 filing fee, which is paid to the OMVH.

What Happens At The OMVH Hearing?

The OMVH hearing is quite informal. Generally, the only people in the room are the hearing officer, the arresting officer, and the defendant and his attorney. Pursuant to SC Code Section 56-5-2951, the issues to be determined at the hearing are as follows:

  1. Was lawfully arrested or detained.
  2. Was given a written copy of, and verbally informed of the rights enumerated in Section 56-5-2950.
  3. Refused to submit to a test pursuant to Section 56-5-2950; or
  4. Consented to taking a test pursuant to Section 56-5-2950, and the:
    1. Reported alcohol concentration at the time of testing was fifteen one-hundredths of one percent or more;
    2. Individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
    3. Tests administered, and samples obtained were conducted pursuant to Section 56-5-2950; and
    4. Machine was working properly.

Is The OMVH Hearing Worth Fighting? Can These Hearings Be Won?

The OMVH hearings are worth fighting and can be favorable. If you do not appeal your suspension, you are going to have to take ADSAP, whether or not you are convicted of this DUI. This is costly, and very time-consuming. There are many ways to win these hearings. The burden is on the state to show your license was properly suspended.

For more information on Aftermath Of A DUI Arrest, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling today.

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