There are many reasons you may need a temporary alcohol license (TAL) or another type of provisional DUI license if you have been charged with driving under the influence (DUI) in SC – even if you have not been convicted.
In this article, we will look at the different types of temporary/provisional/route restricted DUI licenses and when you may need them, including:
- Temporary alcohol licenses (TAL),
- Provisional Licenses,
- Route restricted licenses, and
- The ignition interlock device program.
What is a Temporary Alcohol License (TAL)?
If you refused the breathalyzer, or if you took the breathalyzer and the result was .15% or greater, your license is immediately suspended.
To challenge the implied consent suspension, you must request an administrative/implied consent hearing within 30 days of your arrest – if you do not, or if you lose at the hearing, you must enroll in ADSAP, and you might then be eligible for a route restricted license or the ignition interlock program.
Once the DMV receives your implied consent hearing request (within 30 days and on the original Notice that the officer gave you in the Datamaster room), you can go to any DMV office and pay a $100 fee to get a TAL, or temporary alcohol license (note that this used to be called a TARL, or temporary alcohol restricted license).
The TAL allows you to drive, without any restrictions other than no alcohol, until the date of your administrative hearing. If you win the hearing, your regular license is then returned. If you lose the hearing, you will then have to enroll in ADSAP and serve out the suspension, but you may be eligible for a route-restricted license or the ignition interlock program.
Ignition Interlock Device (IID) Program
In some cases, you do not have the option of getting a provisional or route restricted license, and you may be required to install an ignition interlock device on your vehicle before you can drive again.
In other cases, you may be able to choose to install an ignition interlock device instead of getting a provisional or route restricted license, or you may have the option of installing an IID if you are not eligible for another type of license.
Reasons You May Need a Temporary DUI License
If you have been charged with DUI, and you also have an implied consent violation (you refused the breathalyzer or you took it and the result was .15% or higher), or if you have been convicted of DUI in SC, your license is suspended.
In most cases, however, there are legal ways to get back on the road so you can drive to work, drive to school, and get on with your life.
If your license is suspended, don’t drive – get a temporary license if you can, pay all fines and fees to the DMV, enroll in ADSAP if required, put an ignition interlock device on your car if necessary, and get your license cleared up so:
- You don’t get arrested for driving under suspension (which will result in an additional suspension) and
- You don’t get declared a habitual traffic offender (which means your license is revoked for five years).
Other Types of Provisional DUI Licenses in SC
A temporary alcohol license allows you to drive until your implied consent hearing – in other situations, you may be eligible for a provisional license or a route restricted license.
If you have been convicted of DUI or DUAC, your license is suspended. If the conviction was your first offense and the breathalyzer result in your case was .14% or less, you may be eligible for a six-month provisional license that allows you to drive until the suspension period is up.
The requirements for a provisional license in SC include:
- You have a valid SC license,
- You have met all requirements for any other suspensions, revocations, or cancellations,
- Your BAC was .14% or less,
- There are no suspensions after the current DUI suspension (other than an implied consent suspension from the same case),
- You have enrolled in the ADSAP program, and
- A $100 fee.
But what can you do if this isn’t your first DUI conviction or if your BAC result was .15% or greater?
Route Restricted License
If this is your second or greater DUI conviction, if your BAC was .15% or greater, and if you are not required to install an ignition interlock device based on your conviction, you can get a route restricted license – once in your lifetime.
The types of license suspensions that are eligible for a route restricted license include:
- Alcohol violations (DUI and DUAC),
- DUI convictions with a BAC of .15% or greater,
- Implied consent violations,
- Accident judgments,
- Failure to stop for a blue light,
- False insurance certifications,
- Misrepresentation of identity, and
- Accumulation of 12 or more license points.
Where can you drive on a route restricted license?
- To and from work or school,
- As required by work or school during work or school hours,
- To and from ADSAP meetings, or
- To and from a court-ordered drug treatment program.
Questions About Temporary Alcohol Licenses in SC?
DUI Attorney Kent Collins will investigate your charges, answer your questions, and do everything legally and ethically possible to get your case dismissed, win your case at trial, or find a resolution that is fair and reasonable.
Get in touch with Kent by phone at 803-808-0905 or use this form to reach him online to schedule your in-person consultation.