There are typically two types of licenses you can get after you’ve been arrested for DUI.
One is called a Temporary Alcohol Restricted License (TARL) and the other is called a Provisional License.
If you’ve been arrested for DUI, your license can be suspended if you:
- refused to provide a breath sample; or
- provided a breath sample that was greater than 0.15%.
If either of these has happened, then you may need to get a TARL or Provisional License.
What is a Temporary Alcohol Restricted License (TARL)
If you’ve been arrested for DUI, the police officer will probably take you to a local Datamaster facility where he/she will offer you a breath test. At this time, if you’ve either refused the breath test or provided a breath sample over .15%, then you will be given a notice of suspension by the officer. It is important that you keep this piece of paper! This form contains the instructions for requesting an administrative hearing. In most cases, you will want to request a DMV hearing which is separate from the criminal process of your DUI arrest. At this hearing, you can challenge the license suspension. The cost to request an administrative hearing is $200 (certified check or money order) and is sent to the Office of Motor Vehicle Hearings (OMVH) in Columbia, South Carolina.
The OMVH will respond to your request by sending a Notice of Hearing, and after you have received notice of the administrative hearing date, you can take that notice to your local DMV office and along with a $100 payment you can receive a Temporary Alcohol Restricted License (TARL). With a TRL, you can drive lawfully again for six months while you await the outcome of the administrative hearing.
What is a Provisional License
A provision license is another type of license often associated with a DUI/DUAC charge. The provisional license is an unrestricted license which allows you to drive where you want in the state of South Carolina. See S.C. Code 56-1-1320.
This type of license is available to you after you plead guilty to a driving with an unlawful alcohol concentration (DUAC) or first offense DUI. To apply for a provisional license you need to do the following:
- Enroll in the ADSAP program;
- Obtain SR-22 insurance
Contact The West Law Firm if you or someone you know needs legal assistance or guidance.
Call Us Now At 843-483-8630 for a free consultation. We’ll be happy to examine your case and offer you the best possible course of action.