According to the Code of Laws of South Carolina, there is only one
circumstance in which one is required to wait seven years before
reinstatement - that being following a permanent revokation of your
license following a fourth conviction for DUI. South Carolina law
provides for mandatory sentencing as follows:
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SECTION 56-5-2990. Suspension of convicted person's driver's license;
period of suspension. [SC ST SEC 56-5-2990]
(A) The department shall suspend the driver's license of a person who
is convicted, receives sentence upon a plea of guilty or of nolo
contendere, or forfeits bail posted for a violation of Section
56-5-2930, 56-5-2933, or for the violation of another law or ordinance
of this State or of a municipality of this State that prohibits a
person from driving a motor vehicle while under the influence of
intoxicating liquor, drugs, or narcotics for six months for the first
conviction, plea of guilty or of nolo contendere, or forfeiture of
bail; one year for the second conviction, plea of guilty or of nolo
contendere, or forfeiture of bail; two years for the third conviction,
plea of guilty or of nolo contendere, or forfeiture of bail; and a
permanent revocation of the driver's license for the fourth or
subsequent conviction, plea of guilty or of nolo contendere, or
forfeiture of bail. Only those violations which occurred within ten
years including and immediately preceding the date of the last
violation shall constitute prior violations within the meaning of this
section. However, if the third conviction occurs within five years
from the date of the first offense, then the department shall suspend
the driver's license for four years. A person whose license is revoked
following conviction for a fourth offense as provided in this section
is forever barred from being issued any license by the Department of
Public Safety to operate a motor vehicle except as provided in Section
56-1-385.
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If, in fact, this was your fourth (or more) conviction, and your
license has been "permanently" revoked, your only option is to apply
for reinstatement under the provisions of Section 56-1-385(A), which
provides that:
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The court may order the reinstatement of the person's driver's license
upon the following conditions:
(1) the person must not have been convicted in this State or any other
state of an alcohol or drug violation during the previous seven-year
period;
(2) the person must not have been convicted of or have charges pending
in this State or another state for a violation of driving while his
license is canceled, suspended, or revoked during the previous
seven-year period;
(3) the person must have completed successfully an alcohol or drug
assessment and treatment program provided by the South Carolina
Department of Alcohol and Other Drug Abuse Services or an equivalent
program designated by that agency; and
(4) the person's overall driving record, attitude, habits, character,
and driving ability would make it safe to grant him the privilege to
operate a motor vehicle.
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You'll also have to pay $200, and if you have another conviction after
reinstatement you'll lose your license permanently again.
In summary, if your license has been revoked rather than suspended,
you're looking at the full seven years before you can apply for a new
license. If you were convicted fewer than four times, however, the
following suspension periods apply:
First offense - six months
Second offense - one year
Third offense - two years
If this was your first offense ONLY, a provisional license may be
issued by the DMV if you do the following:
* They must have or have had a South Carolina driver’s license or be
exempt under South Carolina Code of Laws 56-1-30.
* They must have no other suspensions following the driving under the
influence or unlawful alcohol concentration suspension except implied
consent, implied consent under 21, BAC of .02 or greater, BAC of .15
or greater deriving from the same incident.
* They must have enrolled in the Alcohol and Drug Safety Action
Program.
* They must have a certificate of SR-22 insurance on file with the
Department of Public Safety.
* The cost for a provisional driver’s license is $100.00.
The above are also requirements for reinstatement following the end of
the suspension period.
The bottom line: if this is your first conviction, you can apply for
a provisional license. If it's your second or third, you'll have to
wait a year or two. If it's your fourth, you're out of luck. |
