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?

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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

Answers:

Bobby G. Frederick / Frederick Defense Firm

Answered 11 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. 


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