Legal Question in DUI Law in South Carolina

It depends. There will be no suspension of a driver's license while the case is pending as far as the Open Container and Simple Possession is concerned. You are still presumed innocent until proven guilty on those two charges. However, the DUI is different.

With a DUI, whether or not your license will be suspended depends on the breathalyzer results. In South Carolina, any time a person takes the breathalyzer and registers .15 or greater, or refuses the breathalyzer, then that person's license is automatically suspended.

If the license is suspended upon arrest, there are two ways of obtaining a temporary license while the case is pending. One is called a Route Restricted License and the other is called a Temporary Alcohol Restricted License. Each of these have their own advantages and disadvantages. Deciding which one to get will usually depend on your personal driving needs. The process varies depending on which license you pursue.

I'm a criminal defense attorney with an office in Horry and Georgetown Counties, but I practice state-wide. I've been a criminal defense attorney for 20 years and only practice criminal defense.

You are welcome to call or email me. I do not charge for consultations.

The phone number below is an office line that is forwarded to my cell phone, so I can be reached after hours and on weekends. If I do not answer, I'm on the phone. Leave a message and I'll call you right back.

Robert J. Johnston

Email: [email protected]

Phone: 843-946-0099