Secretary of State Formal Administrative Hearing Level II – Significant Risk In the Matter of the Revocation of the Driver’s License and Driving Privileges of S.C.
Our next client came to us after receiving two DUI's over the span of eight years; the first DUI registered a blood alcohol level of 0.15, the second DUI registering a blood alcohol level of 0.12. Again, due to the fact that our client had received two DUI's in ten years, he was required by the Secretary of State to participate in the BAIID (breath alcohol ignition interlock device) program. Our client upon our advice attended and completed an alcohol remedial education course, or DUI risk education course, as well as submitted to an alcohol evaluation through a provider that we referred him to.
Based upon that, when our client went to the hearing, he testified as to the amount of alcohol that he drank on his first DUI, as well as the amount of alcohol that he consumed on the second DUI. The amount that he testified to was consistent with the blood alcohol level reported on both. Our client also testified as to his drinking pattern in the twelve months prior to both DUI's, as well as the amount of alcohol that he consumed in between the DUI's and he indicated that his current alcohol consumption consisted of one to two beers one time every six months or less frequently. Our client testified that he experienced hangovers and increased tolerance and that he was a problem drinker when he drank alcohol between his DUI's, but that his problem has been resolved. It was important to note that he was not dependent on alcohol, nor had he ever lost control of his drinking.
After completing 20 hours of outpatient treatment, as was recommended for his classification under the significant risk, we petitioned the Secretary of State for a hearing and our client testified that he learned that he was abusing alcohol and that his drinking problem was due to his social environment. He made significant changes to his lifestyle by no longer frequenting bars, he changed his circle of friends, he learned photography and he learned how to set limits on his alcohol consumption. He also testified where he was employed and that he lived several miles from his place of employment.
After the Secretary of State found that our client's testimony was credible and the fact that he had performed all of the classes and treatment that were required and that his prognosis was favorable, the Secretary of State granted a restricted driving permit for our client due to the fact that he carried his burden of proving that he had addressed his alcohol problem and that he would be a safe and responsible driver if granted relief. The restricted driving permit for our client was granted and he looks forward to obtaining a full reinstatement of his driver's license soon.