Administrative Review Hearing in South Carolina
In South Carolina, if you are arrested for a DUI, the state will bring two kinds of proceedings against you. One will be the criminal proceeding and one will be administrative proceedings. The administrative proceedings will be brought against you as a person and deal with the suspension of your license to operate a motor vehicle.
When you are arrested for a DUI, the arresting officer keeps your driver’s license and will issue you a temporary license along with a notice of suspension. The notice of suspension includes a notice of your right to request an administrative hearing. A person has the right to request an administrative hearing within 30 days of the notice of suspension. If the person fails to request an administrative hearing within the 30 days, their driving privileges will be suspended and their right to a hearing will be forfeited.
The Division of Motor Vehicle Hearings conducts administrative hearings. The Division of Motor Vehicle Hearings is a part of the South Carolina Administrative Law Court. At the hearing, there will be a hearing officer assigned to the case and rule on the case. At the actual administrative hearing, the officer will first give a brief opening statement about the nature of the proceedings. The parties will then be given the opportunity to present brief opening statements. Both parties will then present their evidence in an order that is determined by the hearing officer. The opposing parties will be allowed to cross-examine witnesses. The Department of Motor Vehicles has the burden of proof to show that the driver was operating a motor vehicle while intoxicated.
The hearing officer shall issue the decision. Either party can appeal the decision. The appeal will go to the Administrative Law Court. The party appealing will file a copy of the notice of appeal to the Administrative Law Court. The party appealing will also order the transcript within ten days after the date of the notice of appeal.
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