Arrested for DUI in Spartanburg with an out-of-state license

Two tracks, even for visitors

A DUI arrest in Spartanburg starts two separate processes, and both apply to drivers from other states:

1. an administrative suspension of your privilege to drive in South Carolina, if you refused the test or tested 0.15 or more, handled by the S.C. DMV and the Office of Motor Vehicle Hearings
2. the criminal case in a South Carolina court, usually Spartanburg Municipal Court for a city arrest or Spartanburg County Magistrate Court for a county or state arrest

You cannot resolve either one by going home and waiting.

Your privilege to drive in South Carolina

Even with an out-of-state license, South Carolina can suspend your nonresident privilege to drive here. The suspension rules in S.C. Code § 56-5-2951 apply to a "license, permit, or nonresident's privilege to drive." The suspension takes effect on the date of arrest.

Notice to your home state. The same section says that when a nonresident's privilege is suspended, the DMV must send written notice to the motor vehicle administrator of your state of residence and any state where you hold a license or permit.

The 30-day deadline applies to you. You can request a contested case hearing within 30 days, with the $200 fee, and either get a temporary alcohol license or enroll in the interlock program. The Office of Motor Vehicle Hearings sends hearing notices by email, which helps when you live far away, and if you represent yourself, the office cannot advise you. Ask the office or a South Carolina attorney how the hearing will be held. See the DMV hearing guide for the full process.

If you are convicted: the Driver License Compact

South Carolina belongs to the Driver License Compact, an agreement among states about sharing driver records. Under the compact as written into South Carolina law:

• the S.C. DMV must report each conviction of a driver from another compact jurisdiction, Canada, or Mexico to the home jurisdiction, identifying the person, the offense, the court, and the plea
• DUI is one of the convictions member states must report to each other
• for those convictions, the compact says a member state gives the report the same effect as if the conviction had happened in that state

South Carolina will also suspend your privilege to drive here after a conviction (§ 56-5-2990), and that suspension is ended through the interlock program, the same as for residents. What your home state does with the report, including any suspension, interlock, or class of its own, is set by its law. Call your home state's licensing agency to ask before you plead.

The court case from far away

You are expected to appear on your court dates.

• If you are not present on your court date, you can be tried in your absence, and failing to appear can mean losing any bond you posted.
• If you violate the conditions of your bond, the court issues a bench warrant (§ 38-53-70).
• To move a court date, ask the court on your ticket, before the date, how to request a continuance (a postponement). Do not assume a request is granted until the court says so.

Ask a South Carolina attorney which dates require your presence and whether the attorney can handle any of them for you. The DUI lawyer guide has questions to ask. A public defender is also available if you qualify, but you must still attend the court dates in your bond paperwork.

ADSAP from another state

South Carolina requires ADSAP after a conviction or an upheld suspension. The state's ADSAP brochure says you may complete services in another state, but you must first contact the Interstate ADSAP Office at the Dorchester Alcohol and Drug Commission, and that many states require you to meet their own requirements or South Carolina's before relicensing you. In Spartanburg County the certified provider is The Forrester Center. See the ADSAP guide.

Insurance and SR-22

If South Carolina suspends a nonresident's privilege because of a conviction, it stays suspended until you give and maintain proof of financial responsibility (§ 56-9-510). A nonresident can use a certificate from an insurer authorized in the home state, if it meets South Carolina's requirements (§ 56-9-560). See the SR-22 guide.

Prior offenses across state lines

For South Carolina's penalty tiers, a DUI conviction under another state's law counts as a prior offense if it falls within the ten years before the new violation. So a past DUI at home can raise the penalties for a Spartanburg arrest. See the penalties guide.

North Carolina and other nearby states

Many drivers arrested in Spartanburg County live just over the state line. Three points apply to them in particular:

• ADSAP for nonresidents runs through the Interstate ADSAP at the Dorchester Alcohol and Drug Commission (843-821-5412, extension 5), according to Spartanburg's ADSAP provider, The Forrester Center.
• Your home state's rules still apply. The Forrester Center notes that some states, like North Carolina, require you to work with a provider in that state. Check with your home licensing agency before you assume a South Carolina program will satisfy it.
• Commercial drivers face a separate disqualification under South Carolina's Commercial Driver License Act, reported to the state that issued the license; see the commercial driver guide.

A short checklist for visitors

• Note the date on any Notice of Suspension; the 30 days run from there.
• Keep your bond paperwork and court date, and the court's phone number.
• Decide quickly whether to hire a South Carolina attorney or apply for a public defender.
• Call your home state's licensing agency about how it treats an out-of-state DUI.
• Do not drive in South Carolina while your privilege here is suspended.