Am I required to attend ADSAP class in the state of South Carolina even though I have been to court yet to be convicted or not covicted?

UPDATED: Jun 26, 2009

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Am I required to attend ADSAP class in the state of South Carolina even though I have been to court yet to be convicted or not covicted?

ADSAP class would require me to dish out alot of money to them and I would have to file for SR-22 insurance that would would cost a whole lot more. Yet, I have not been to court to be convicted guilty and yes I have an attorny, but Im not sure if I follow him on some information.

Asked on June 26, 2009 under Criminal Law, South Carolina


Bobby G. Frederick / Frederick Defense Firm

Answered 13 years ago | Contributor

If you have an attorney, you need to rely on the advice that you receive from that attorney.  DUI law and the implied consent law are complex, so if you do not understand you need to let your attorney know and ask them to explain it again. 

The short answer is that you are required to attend ADSAP in two circumstances: 1) if you are convicted of DUI; or 2) if you refused the datamaster or blew greater than a .15 and you either did not request an administrative hearing within 30 days or you lost your administrative hearing.  Keep in mind that the criminal case (DUI) is separate and distinct from the administrative proceeding under the implied consent law.  

You do not have to carry SR-22 insurance if you lost the administrative hearing, only if you are convicted of the DUI. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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