Happy Man Showing His New Provisional License

Am I Eligible for a Provisional License?

David F. Stoddard Law Firm Feb. 8, 2023

After being charged with a DUI, you must quickly prepare yourself and do everything you can to protect your best interests. If you live in or near Greenville County, South Carolina, you’re in luck — my practice is located in Anderson, and I stand ready to help you.

My name is David Stoddard, and I am a criminal defense attorney. Throughout the course of my career, I have defended and prosecuted countless DUI cases throughout South Carolina. I offer free consultations to all criminal defense clients, and I’m more than willing to travel to you if you can’t come to me.

Don't Plead Guilty to a DUI Charge

I know from decades of experience that just because you’re charged with a DUI doesn't mean you’re guilty. And, even if you did have one drink too many before getting behind the wheel, pleading guilty is very unlikely to help your case.

You see, even if the evidence against you seems overwhelming, there is little downside to going to trial. After all, the state of South Carolina then has to prove that you’re guilty beyond a reasonable doubt. That’s easier said than done — especially if you have an experienced attorney on your side. Once in trial, a skilled criminal defense lawyer can tell your side of the story in a way that makes sense to the jury and gets through to the judge. To learn more, I invite you to read my blog post “Three Things All DUI Defendants Should Know Before Going to Court.”

Of course, there are instances when pleading guilty does make sense, but it’s best to talk this option over with your lawyer before taking action yourself. For instance, if we sit down to discuss your case and decide to plead guilty, I may be able to help you negotiate a plea bargain that will lower your fines or get related charges dropped.

If Your Driver's License Has Been Suspended

In certain cases, you may be able to acquire a restricted or provisional driver's license after being arrested for DUI. South Carolina law allows drivers to obtain a restricted driver's license if they’re employed or currently enrolled in college. With this license, you can drive to and from work or school while your regular license is suspended. Likewise, a restricted driver’s license also allows you to drive to and from mandated alcohol or drug programs.

Am I Eligible for a Provisional License?

A driver may also be able to obtain a provisional driver's license after getting their license suspended for the first time. Drivers must meet the following criteria for eligibility:

  • The driver must have or have had a South Carolina driver's license or be exempt under South Carolina Code of Laws 56-1-30.

  • The driver must have no other suspensions except implied consent, implied consent under 21, BAC of .02 or greater, BAC of .15 or greater deriving from the same incident.

  • The driver must have enrolled in the Alcohol and Drug Safety Action program.

  • The driver must have a certificate of SR-22 insurance on file with the Department of Public Safety.

  • The driver must be able to pay $100 for the provisional driver's license.

To gain a better understanding of these criteria, or to discuss your case in general, please don’t hesitate to give me a call. It would be my privilege to answer all your DUI-related questions and help you get back on your feet after an arrest.

Anderson, South Carolina DUI Defense Attorney

Whether you were arrested for DUI because of a mistake, a lapse in judgment, or an error on the part of the police officer, I am ready to defend you. With more than 25 years of legal practice under my belt, you’ll know that you’re in good hands when you work with me. Even better, you pay nothing up front; I offer DUI consultations free of charge.