Cleary Law LLC

Is A Hearing Required In Order To Get A Restricted License?


A hearing is required if you appeal your suspension. You will receive a temporary license that allows you to drive within the state without any restrictions. This license is good throughout the pendency of your appeal.

How Long Are Driving Privileges Restricted For refusing A Chemical Test?

Driving privileges are usually restricted if you said affirmatively to the officer that you did not want to take the chemical test. As I have advised aforementioned, but it can also mean that the officer determined that you refused based on your behavior. For example, by not blowing hard or long enough into the tube means a refusal.

What Can I Do If My Driver’s License Has Been Suspended By The DMV?

If thirty days has passed since your license was suspended by the DMV, it will be too late for an appeal. Assuming you have never had a route-restricted license, you may be eligible for one as long as you enroll in ADSAP. This license allows you to drive to and from work, or school.

How Long Will My License Be Suspended Or Revoked For If I Lose The DMV Hearing?

If you did not request a hearing, your license will be suspended for six months. If you refused to take the breathalyzer test, your license will be suspended. If you registered .15% or higher on the breathalyzer test, your license will still be suspended.

Is Someone Ever Required To Install An Ignition Interlock device Prior To The First Court Date?

No one is required to install an ignition interlock device in his or her car prior to a first court date.

Will I Have A Criminal Court Hearing In The First Month Following A DUI Arrest?

It is possible that your first criminal court appearance could be set for a date within thirty days. The state is only required to give ten days’ notice of any hearing. You need to consult with a lawyer immediately after you are released from jail.

How Often Should I Meet With My Attorney To Discuss My DUI Case?

It all depends on the attorney you retained on your case. Once you have retained a lawyer in a DUI case, he or she will file documents with the court system. I will then ask the arresting police officer for their evidence regarding your case. This will include the incident report, videos from the scene, and the breathalyzer room video. The state has thirty days to respond and it may be that your attorney does not need to talk to you until that evidence is reviewed.

Will I Have To Go To A Pretrial Probation Office?

You will not have to visit any pre-trial probation office. You should not speak to anyone about your case except your lawyer.

Do You Recommend Voluntary Pre-Trial Counseling For Your Clients?

If you feel like you have substance abuse problems that need to be addressed, you should go for pre-trial counseling. This will not necessarily help your case though. It could hurt your case in that it could be seen as admission of an addiction. However, your health is most important, so if you think you need professional help to keep you from harming yourself or others, I strongly suggest you seek professional medical help immediately.

Helpful Advice For People In The First 30 Days Following A DUI Arrest

Talk to a lawyer immediately with in the first thirty days of your arrest. Do not tell anyone you have been arrested, unless it is absolutely necessary. Do not tell anyone the details of your case, such as how much you had to drink, or where you were at the time of the arrest. Do not try to contact law enforcement on your own. Do not try to contact the judge or any court personnel for assistance or advice. Do not let yourself slip onto despair thinking your life is over, because it most certainly is not! Stay focused, be professional, and listen to your attorney’s advice.

For more information on Restricted License in South Carolina, 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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