Do you need a route restricted license to drive after a DUI conviction in SC?
There are several types of provisional licenses that you may be eligible for depending on your situation, and there may be other requirements that you need to meet before you can get behind the wheel again.
Below, we will go over the basics of provisional DUI licenses in SC, including:
- Temporary alcohol licenses (TAL) for implied consent suspensions,
- Provisional licenses for DUI convictions,
- Route restricted licenses for DUI 2nd offense or other types of suspensions, and
- Other requirements including ignition interlock device (IID) requirements.
Provisional DUI License or Route Restricted License?
If your license has been suspended because of an implied consent violation or a first-offense DUI conviction, you may not need a route restricted license.
Instead, a temporary alcohol license (TAL) or a provisional DUI license may be what you need to get back on the road…
A Temporary Alcohol License Allows You to Drive After an Implied Consent Violation
If you have been charged with DUI or DUAC and you either 1) refused the breathalyzer or 2) took the breathalyzer and the result was .15 or greater, your license was immediately suspended.
You can challenge the implied consent violation by requesting an administrative hearing/ implied consent hearing within 30 days of your arrest. If you win the hearing, your license is restored. If you lose the hearing, you lose nothing, but you will have to serve the suspension, enroll in ADSAP, and you may have an ignition interlock device requirement before you can drive again.
But can you drive while you are waiting for the implied consent hearing?
Once you have requested the administrative hearing, you can go to the DMV and get a temporary alcohol license (TAL) that allows you to drive until your hearing date. There are no restrictions on the TAL (it is not a route restricted license) except that you cannot drive after drinking alcohol.
A Provisional Driver’s License Allows You to Drive After a DUI Conviction
What if you have been convicted of DUI or DUAC?
After a DUI conviction, your driver’s license is suspended, but you may be eligible for a six-month provisional license if:
- It is your first DUI conviction,
- You have a valid SC driver’s license,
- You do not owe any fees to the DMV for reinstatement,
- Your breathalyzer result was .14 or less,
- The DUI suspension is the only pending license suspension,
- You have enrolled in ADSAP, and
- You pay a $100 fee for the provisional DUI license.
Although you are technically eligible for a route restricted license also, you should not ask for a route restricted license after a first-offense DUI conviction because 1) you are eligible for the provisional six-month license and 2) you can only get a route restricted license once in your lifetime.
When do You Need a Route Restricted License?
You can only get a route restricted license once, and it only applies to license suspensions for:
- Alcohol violations (DUI or DUAC – if it is your first offense get a provisional license instead),
- Implied consent violations (get a TAL instead if it is available),
- Failure to stop for blue light,
- False insurance certification,
- Misrepresentation of identity,
- License suspensions for accumulation of 12 or more driving points, or
- Accident judgments.
How do You Get a Route Restricted License?
You can get a route restricted license in person at the DMV office, or by filling out a Route Restricted Driver’s License Application and mailing it with the $100 license fee to the SCDMV’s Blythewood office at:
PO Box 1498
Blythewood, SC 29016-0028
Where Can You Drive on a Route Restricted License in SC?
A route restricted license, as the name implies, does not allow you to drive just anywhere. You are limited to driving:
- To and from work or school,
- During work and school, when necessary,
- To and from ADSAP meetings, and
- To and from drug treatment when ordered by the court.
Other Requirements Before You Can Drive After a DUI in SC
Even if you are eligible for a provisional license or a route restricted license after a DUI conviction, there are other requirements that you may need to meet before you can get behind the wheel.
Depending on your situation, these may include:
- Enrolling in ADSAP,
- Purchasing and maintaining SR-22 insurance,
- Ignition interlock device requirements, and
- Fees to the DMV and to the probation department for monitoring your ignition interlock device.
If you have been charged with DUI, DUAC, felony DUI, or a DUI-related offense in SC, contact a DUI defense lawyer on the Axelrod team immediately – we may be able to get your case dismissed, you may be able to avoid a license suspension, and you may have defenses that you are not aware of.