The sc alcohol and drug safety action program: what is adsap?

If you have been charged with a DUI in SC, you’ve probably already heard about ADSAP – the Alcohol and Drug Safety Action Program. If you have an implied consent violation or a DUI-related conviction, you will have to enroll in ADSAP before you can drive again…

But what is ADSAP? How do you enroll in the program, what are the requirements, and how does it work?

What is ADSAP?

ADSAP stands for the Alcohol and Drug Safety Action Program. It is an education and treatment program that is mandatory for anyone who:

• Has been convicted of DUI (driving under the influence) or DUAC (driving with an unlawful alcohol concentration),
• Has an implied consent suspension for refusing the breathalyzer and did not request an administrative hearing or lost their administrative/ implied consent hearing,
• Has an implied consent suspension for taking the breathalyzer where the result was .15 or greater and did not request an administrative hearing or lost their administrative/ implied consent hearing, or
• Has a “zero tolerance” license suspension for a person under the age of 21 driving with a blood alcohol content of .02 or greater.

How Does ADSAP Work?

Once you have enrolled in the program, they will do an assessment to determine what services you need, to develop goals for your education and treatment, and then provide you with education and treatment designed to reduce your risk of another alcohol-related violation.

How Long Does the ADSAP Program Take to Finish?

You might be finished with the program by the end of your suspension period, or it could take as long as a year. Each person may have different requirements based on the program’s initial assessment.

Where are the ADSAP Requirements Found in SC Law?

Information about ADSAP can be found at various places in the SC Code, including SC Code Section 56-5-2930 (DUI), Section 56-5-2933 (DUAC), and Section 56-5-2990 (license suspensions).

Where Do I Go to Enroll in ADSAP?

Each county has a treatment service provider that is authorized to provide ADSAP services. In Horry County, you should contact:

Shoreline Behavioral Health Services
2404 Wise Road
Conway, SC 29526
843-365-8884

If your conviction or implied consent suspension was in Georgetown County, you should contact:

Georgetown County Alcohol and Drug Abuse Commission
1423 Winyah Street
Georgetown, SC 29440
843-546-6081

For other counties, a complete list can be found here.

Can I Drive After I Enroll in ADSAP?

You might be permitted to drive after you have enrolled in ADSAP, depending on:

• The type of conviction or implied consent suspension and the BAC results,
• Whether the DUI or DUAC conviction also resulted in a license revocation as a habitual traffic offender,
• Whether you are eligible for a provisional or route restricted license,
• Whether you have prior unresolved license suspensions, and
• Whether you have additional ignition interlock device (IID) requirements.

Is There a Time Limit to Enroll in ADSAP?

A person who has been convicted of DUI or DUAC in SC must enroll in ADSAP within 30 days and must attend the first class available after enrolling in the program.

If you do not enroll in the program within 30 days or if you failed to participate in the program, the court will be notified, and you could be held in contempt of court…

How Much Does ADSAP Cost in SC?

You must pay for ADSAP – SC law says that the program cannot charge more than $500 for education services, $2000 for treatment services, and $2500 total for all services provided.

What Happens if I Can’t Afford ADSAP?

SC law says that no person can be denied ADSAP due to inability to pay, and that inability to pay for the services can “not be used as a factor in determining if the person has successfully completed services.”

Despite this, you will be required to do 50 hours of community service if you cannot afford to pay, and the program “may use the completion of this community service as a factor in determining if the person has successfully completed services.”

What if Have a DUI Conviction in SC but I Live in Another State?

Your home state’s DMV will most likely require you to complete ADSAP before they reinstate your license. You should contact the DMV in your home state and find out what their requirements are, and, if you are required to meet SC’s ADSAP requirements, contact the Interstate ADSAP Office in Dorchester, SC for help locating an acceptable program in your home state.

What if I Want to Move to Another State After a DUI Conviction in SC?

Whether you intend to get your driver’s license reinstated in SC or in another state, you will need to complete SC’s ADSAP requirements. If you are moving to another state and need to complete the program there, contact the Interstate ADSAP Office in Dorchester, SC for help locating an acceptable program in your home state.

Do I Have to Enroll in ADSAP if I have a BUI Conviction?

Although you will not lose your driver’s license, you will lose your boating privileges in the state of SC if you are convicted of boating under the influence and you do not enroll in and complete ADSAP.

GOT AXELROD?

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 the ADSAP requirement, and you may have defenses that you are not aware of.

Call Axelrod and Associates now at 843-916-9300 or email us to talk with a Myrtle Beach, SC DUI defense attorney today.