Being charged with DUI in Aiken, South Carolina is a serious matter that can carry life-changing consequences—including fines, jail time, and the loss of your driver’s license. For many people, the most immediate impact is the disruption of their ability to drive, which affects everything from getting to work and running errands to caring for their family.
Unlike many other offenses, a DUI involves two separate legal processes that affect your license: the administrative suspension imposed by the Department of Motor Vehicles and the criminal suspension decided by the court after conviction. Understanding how these overlapping systems work is crucial if you want to protect your driving privileges and minimize long-term damage.
At Johnson, Johnson, Whittle, Lancer and Staggs, we understand how stressful and overwhelming this experience can be. As Aiken DUI defense attorneys, we’re here to guide you through every stage—from contesting the initial license suspension to defending your case in court.
We help you understand your rights, make informed decisions, and fight to protect your driving privileges and your future. If you’re facing a DUI charge, don’t wait. Call us at (803) 649-5338 to get started.
Administrative Suspension vs. Criminal Suspension
When you’re arrested for DUI in Aiken, or anywhere in South Carolina, you may be surprised to learn that your driver’s license can be suspended before you’re ever convicted. The state employs two separate systems to suspend your license:
Administrative Suspension (Implied Consent Law)
This suspension happens immediately upon arrest if you either refuse to submit to a breath, blood, or urine test or your blood alcohol content (BAC) measures 0.15% or higher. This is imposed by the South Carolina Department of Motor Vehicles (DMV), separate from criminal charges, and it applies before any conviction or court ruling.
It means that right after your arrest for a DUI in Aiken, your driving privileges can be put on hold.
Criminal Suspension:
This suspension comes later—only if you’re convicted of DUI in court. The judge will order a license suspension based on:
- The number of prior DUI offenses
- Your BAC at the time of arrest
- Any aggravating factors (such as accidents or minors in the vehicle)
This suspension is separate from the administrative one. In many cases, the criminal court will impose additional suspension time, which may extend the total period you’re unable to drive or require you to use an Ignition Interlock Device (IID) longer.
Suspension Timelines by Offense
The length of your driver’s license suspension after a conviction of DUI in Aiken depends on how many prior DUI convictions you’ve had and how recently they occurred.
Here’s what you can expect:
First DUI Conviction
A first DUI offense typically results in a 6-month license suspension. You may be eligible for a provisional license if certain conditions are met, including completion of the Alcohol and Drug Safety Action Program (ADSAP).
Second DUI Conviction
A second conviction carries a suspension of up to 1 year. You’ll be required to install an ignition interlock device (IID) before regaining any driving privileges.
Third DUI Conviction
A third DUI conviction carries a suspension of up to 2 years, and possibly more if your previous convictions were within the last five years. Ignition interlock is mandatory.
Fourth or Subsequent DUI Conviction
A fourth/subsequent DUI conviction triggers permanent license revocation. Reinstatement is extremely limited and subject to strict DMV review, usually after a minimum waiting period.
High BAC and Test Refusal Consequences
The consequences of a DUI in Aiken become more severe if your blood alcohol content (BAC) is especially high or if you refuse testing during your arrest.
High BAC (0.15% or higher)
If your BAC is 0.15% or greater, you face enhanced penalties, including:
- A longer license suspension, even for a first offense
- Mandatory participation in the Ignition Interlock Device Program
- Possible increase in fines and jail time
Test Refusal (Implied Consent Violation)
Under South Carolina’s Implied Consent law, refusing to submit to a breath, blood, or urine test results in an automatic license suspension by the DMV:
- 90-day suspension for a first refusal
- 6 months or more if you’ve had a prior DUI or test refusal within the last 10 years
- This suspension happens regardless of the outcome of your criminal case.
Temporary and Restricted Licenses
If your license has been suspended after a DUI in Aiken, you may still have options to regain limited driving privileges, but only if you act quickly and meet certain requirements.
Temporary Alcohol License (TAL)
If you’ve received an administrative suspension for refusing a test or blowing 0.15% or higher, you may be eligible for a Temporary Alcohol License (TAL). This license allows you to legally drive while awaiting your administrative hearing. It’s only available if you request the hearing within 30 days of your suspension notice.
Route-Restricted License
If your suspension has already taken effect, you may qualify for a Route-Restricted License, which allows you to drive only to certain places like work, school, or court-ordered programs.
Provisional License
For first-time DUI offenders, a Provisional License may be available after meeting certain conditions, including:
- Enrollment in ADSAP (Alcohol and Drug Safety Action Program)
- Proof of SR-22 insurance
- Payment of reinstatement fees
Ignition Interlock Device (IID) Requirements
In many DUI cases, especially those involving high BAC or repeat offenses, courts or the DMV require the installation of an ignition interlock device (IID) on your vehicle. This device measures your breath alcohol content before allowing your car to start.
The IID must be installed and maintained for a mandated period, which varies depending on offense severity and DUI history. This is often part of the conditions to regain your driving privileges. Failure to comply with IID requirements can result in further suspension or penalties.
Steps to Reinstate Your License
After a suspension related to a DUI in Aiken, South Carolina, regaining your license isn’t automatic. You must complete a series of specific legal and administrative steps to restore your license, and any missed requirement can cause costly delays.
Here’s what reinstatement typically involves:
- Serve the full suspension period issued by the court or DMV.
- Enroll in and complete the Alcohol and Drug Safety Action Program (ADSAP)—a state-mandated education and treatment program for DUI offenders.
- Provide proof of SR‑22 insurance, which shows you’ve obtained the required high-risk coverage.
- Pay all applicable reinstatement fees to the South Carolina Department of Motor Vehicles.
- Submit a reinstatement application through the SCDMV.
Appealing the Suspension
If your license has been suspended following a DUI in Aiken, whether because you refused a breath test or registered over the legal limit, you do have the right to fight that suspension. However, it’s important to act quickly.
You only have 30 days from the date of your suspension notice to request an administrative hearing. This hearing gives you a chance to challenge the suspension and argue for the restoration of your driving privileges while your criminal case proceeds. By filing the hearing request within the required timeframe, you may also become eligible for a Temporary Alcohol License (TAL).
Protect Your Driving Privileges After a DUI in Aiken, South Carolina
A DUI charge in South Carolina can lead to license suspension through both administrative and criminal channels—often before your case ever reaches trial. These consequences can disrupt your job, your family life, and your independence.
If you’ve been arrested for DUI in Aiken, time is not on your side. Acting quickly is essential to preserve your driving privileges and protect your future.
At Johnson, Johnson, Whittle, Lancer and Staggs, we provide experienced, local representation to help you fight for your rights and stay on the road. Don’t wait, contact us today at (803) 649-5338 to discuss your case and start building your defense.
