South Carolina DUI Defense + Implied Consent Hearing Package

SOUTH CAROLINA DUI / DUAC DEFENSE AND IMPLIED CONSENT (OMVH) HEARING PACKAGE

PART 1 — CASE SUMMARY AND DEADLINE WORKSHEET

Critical South Carolina Deadlines

• 30 days from the issuance of the Notice of Suspension to request a contested case hearing (§ 56-5-2951(F)).
• Failure to timely request waives the hearing and the suspension takes effect.
• Temporary Alcohol Restricted License (TAL) issued only upon timely hearing request — valid until the Administrative Law / OMVH order is issued.

PART 2 — SC DUI / DUAC / IMPLIED CONSENT PENALTY GRID

Criminal Penalties — § 56-5-2930 / § 56-5-2933 (1st offense)

Administrative License Suspension — § 56-5-2951 (1st offense)

Mandatory Interlock (All-Offender Law, May 2024)

S.C. Code § 56-5-2941 — as amended — requires IID for all persons convicted of § 56-5-2930 or § 56-5-2933 regardless of BAC. Duration on first offense: 6 months post-suspension. Habitual Traffic Offenders and under-21 offenders may participate in lieu of serving suspension.

PART 3 — REQUEST FOR CONTESTED CASE HEARING (OMVH)

TO: South Carolina Office of Motor Vehicle Hearings, P.O. Box 11339, Columbia, SC 29211 — and SCDMV
RE: Notice of Suspension — Implied Consent
FROM: [Client], by counsel

Pursuant to S.C. Code Ann. § 56-5-2951(F) and SC OMVH Rules, the undersigned hereby requests a contested case hearing on the Notice of Suspension dated [__/__/____].

Issues Raised (§ 56-5-2951(F)(1)–(4))

1. ☐ Whether the driver was lawfully arrested or detained.
2. ☐ Whether the driver was advised in writing of the rights enumerated in § 56-5-2950.
3. ☐ Whether the driver refused the test, or consented and (a) had AC ≥ 0.15; (b) the test operator was properly qualified; (c) the breath sample was obtained pursuant to § 56-5-2950; and (d) the machine was working properly.
4. ☐ Whether § 56-5-2953 video recording was substantially complied with.

Hearing fee: $200 (enclosed / paid online).

Signed: [_________________________________] Date: [__/__/____]

PART 4 — DISCOVERY DEMAND

[CITY / MAGISTRATE / GENERAL SESSIONS] COURT — [____________] COUNTY, SOUTH CAROLINA

DEFENDANT'S RULE 5 DISCOVERY MOTION AND BRADY DEMAND

Pursuant to Rule 5, SCRCrimP, Brady v. Maryland, and the Sixth and Fourteenth Amendments, Defendant requests:

1. ☐ All police incident reports, supplemental reports, and CAD logs.
2. ☐ Complete in-car (dash-cam) video and audio from initiation of blue lights through transport — § 56-5-2953(A)(1)(a).
3. ☐ Complete breath-site video including the entire 20-minute pre-test observation period and reading of rights — § 56-5-2953(A)(1)(b).
4. ☐ DataMaster DMT printout, operator certification, calibration records, simulator solution lot/certificate, and 90-day maintenance log.
5. ☐ SLED Implied Consent training/certification of each officer present.
6. ☐ Implied Consent Rights form (signed) and § 56-5-2950 advisement video.
7. ☐ SFST/HGN training certifications and field notes.
8. ☐ Blood-kit chain-of-custody, SLED toxicology bench notes, and analyst qualifications.
9. ☐ All Brady / Giglio impeachment material on State witnesses.
10. ☐ Any 911 call audio, witness statements, and EMS records.

Dated: [__/__/____]
[ATTORNEY SIGNATURE BLOCK]

PART 5 — MOTION TO SUPPRESS / DISMISS

DEFENDANT'S MOTION TO SUPPRESS AND/OR DISMISS FOR NON-COMPLIANCE WITH § 56-5-2953

Defendant moves to suppress all evidence and/or dismiss, on the following grounds:

I. Section 56-5-2953 Non-Compliance

1. The arresting officer failed to videotape the incident site from the activation of blue lights through arrest, including SFSTs and the advisement of Miranda rights, as required by § 56-5-2953(A)(1)(a).
2. The breath-test site video did not include the entire 20-minute observation period, reading of Implied Consent rights, and administration of the test as required by § 56-5-2953(A)(1)(b).
3. The State has not established the statutory exceptions in § 56-5-2953(B) (equipment failure with affidavit, etc.).
4. State v. Henkel, 413 S.C. 9 (2015), and progeny require substantial compliance; absent substantial compliance, the matter must be dismissed.

II. Fourth Amendment — Stop / Arrest

5. The stop was not supported by reasonable suspicion.
6. The arrest was not supported by probable cause.

III. Implied Consent — § 56-5-2950

7. Defendant was not given a written copy of the Implied Consent rights.
8. The DataMaster operator was not properly certified.
9. The 20-minute pre-test observation was breached (belch, hiccup, regurgitation, or operator left room).
10. Simulator solution out of tolerance; instrument out of certification.

IV. Blood

11. Warrantless blood draw violates the Fourth Amendment (Missouri v. McNeely; Birchfield; Mitchell v. Wisconsin); no valid consent, exigency, or warrant.

V. Miranda

12. Post-arrest statements are inadmissible due to absence of Miranda warning.

Dated: [__/__/____]
[ATTORNEY SIGNATURE BLOCK]

PART 6 — ROUTE-RESTRICTED / IID LICENSE PETITION

A. Route-Restricted License (§ 56-1-170 / § 56-5-2951)

If the suspension is sustained, Defendant is eligible (only one available in a lifetime) for a route-restricted license to travel to:

• ☐ Place of employment
• ☐ School / institution of higher education
• ☐ ADSAP (Alcohol & Drug Safety Action Program)

B. Ignition Interlock Restricted License (IIRL) — § 56-1-746 / § 56-5-2941

PART 7 — PLEA-DEAL WORKSHEET

Client acknowledgment: [_________________________________] Date: [__/__/____]

PART 8 — IMPLIED CONSENT SUMMARY (SOUTH CAROLINA)

PART 9 — SOURCES AND REFERENCES

• S.C. Code Ann. §§ 56-5-2930, -2933, -2941, -2945, -2947, -2950, -2951, -2953.
• S.C. Code Ann. § 56-1-746 (Ignition Interlock Restricted License).
• SC Office of Motor Vehicle Hearings: https://www.scomvh.net
• South Carolina Department of Probation, Parole and Pardon Services — IIDP Procedures.
• SLED Implied Consent: https://www.sled.sc.gov
• State v. Henkel, 413 S.C. 9 (2015) (videotape requirement).
• Missouri v. McNeely, 569 U.S. 141 (2013); Birchfield v. North Dakota, 579 U.S. 438 (2016); Mitchell v. Wisconsin, 588 U.S. 840 (2019).

End of South Carolina DUI Defense + Implied Consent (OMVH) Hearing Package.