How to File Form 97-18 for an Implied Consent Hearing

To file Form 97-18 in South Carolina, mail the completed form and a $200 filing fee to the Office of Motor Vehicle Hearings in Columbia within 30 days of the date your suspension notice was issued.¹ Miss that window and you waive your right to an administrative hearing. The suspension stands automatically, and nothing you do afterward brings the hearing back.

The 30-Day Clock

The deadline runs from the date on the notice, not the date you received it, not the date of the arrest, not the date you decided to challenge it. Thirty days. The fee is $200, nonrefundable, and cannot be waived.² If the fee doesn’t arrive with the form, the office won’t process the request, and the clock keeps running while you fix it.

This is the one piece of the process worth treating as urgent above all else. Everything else in this article assumes you’ve handled the deadline.

Gather This Before You Fill Out the Form

Pull your Notice of Suspension or the Officer’s Report from the night of the arrest and have it in front of you. You’ll need:

The exact date of arrest
The county where the arrest took place
The arresting officer’s name
The ticket number tied to the underlying traffic stop
Your driver’s license number and current mailing address, matching your SCDMV records exactly

Inconsistencies between what you write and what the DMV has on file can delay processing or get the request kicked back. The form itself is available through the Office of Motor Vehicle Hearings website.³

Where to Send It and How to Pay

Mail the completed Form 97-18 and payment to the Office of Motor Vehicle Hearings in Columbia. Payment must be a money order, cashier’s check, or certified check. Personal checks are not accepted.²

Send it certified mail with return receipt requested. That gives you a dated proof of mailing if the office ever disputes whether you filed on time. Expect a confirmation of receipt within one to two weeks after the office processes your request.

Keep Driving While You Wait: The Temporary Alcohol License

Filing the 97-18 doesn’t automatically restore your driving privileges. You need a second step. Take your proof of filing or hearing receipt to a local SCDMV branch, pay a $100 fee, and the DMV will issue a Temporary Alcohol License (TAL) after verifying your pending hearing status.⁴

The TAL has no geographic limitations and no time-of-day restrictions. It functions like your regular license for as long as the administrative challenge is active.¹ If the hearing officer later upholds the suspension, the TAL stays valid until the written decision is issued and the DMV sends you formal notice.

The Ignition Interlock Alternative

Instead of a TAL, you can choose to enroll in the Ignition Interlock Device (IID) Program and end the suspension that way, then obtain an ignition interlock restricted license.¹ The device is a breathalyzer wired into the ignition; the car won’t start if it reads alcohol. First-offense enrollment runs six months, with longer periods for prior offenses. The program adds installation, monthly lease, and monitoring fees.

Most people filing a 97-18 take the TAL route because it preserves the hearing challenge and costs less up front. The IID option is there if you’d rather resolve the suspension immediately.

What the Hearing Will Actually Decide

Knowing the scope of the hearing helps you decide whether the $200 is worth it. The hearing officer isn’t deciding whether you were impaired. Under § 56-5-2951, the review is limited to a specific set of procedural questions:¹

Were you lawfully arrested or detained?
Did the officer give you written and verbal notice of your rights under § 56-5-2950?
If you refused testing, did you actually refuse?
If you took the test, was the person administering it qualified, was the machine working, were proper procedures followed, and did the result show 0.15% or higher?

A “no” on any of those questions rescinds the suspension, regardless of what the criminal case looks like. Before testing, the officer is required to activate video recording equipment and give you both a written copy and a verbal explanation of what happens if you refuse or fail.⁵ Whether that actually happened is often where these cases turn.

At the Hearing

The hearing is less formal than a courtroom trial but still structured. Because the DMV is the party trying to take your license, the DMV carries the burden of proof.⁶ You don’t have to prove you were sober. Both sides can call witnesses and introduce documents. The arresting officer typically testifies about the stop and the testing, and you or your attorney can cross-examine.

The hearing officer issues a written decision afterward. There’s no statutory deadline on how fast that decision has to come, so expect some waiting.⁶ Don’t skip the hearing. If you fail to appear, it proceeds without you and the request to lift the suspension will almost certainly be denied.

If You Lose

If the hearing officer upholds the suspension, you have 30 days from receiving the decision to appeal to the South Carolina Administrative Law Court, where an Administrative Law Judge hears the case.² The appeal reviews whether the hearing officer applied the law correctly based on the record. It is not an opportunity to introduce new witnesses or new documents.

This Hearing Is Not Your DUI Trial

One thing worth being clear about before you file: winning the 97-18 hearing does not end your DUI charge. The administrative hearing and the criminal case are separate proceedings answering different questions. The hearing officer looks at whether the officer followed proper procedures. The criminal court decides whether you’re guilty of driving under the influence.

If the hearing officer rescinds your suspension, your regular license is reinstated, but the criminal charge remains pending in magistrate or municipal court. The reverse happens too: an acquittal at trial doesn’t automatically undo an administrative suspension the DMV has upheld.¹ The two tracks run in parallel, and neither controls the other. File the 97-18 to protect your license. Handle the criminal case separately.

1
South Carolina Legislature. South Carolina Code Title 56 Chapter 5 – Section 56-5-2951
2
South Carolina Office of Motor Vehicle Hearings. FAQs
3
South Carolina Office of Motor Vehicle Hearings. Office of Motor Vehicle Hearings
4
South Carolina Department of Motor Vehicles. License Reinstatement
5
South Carolina Legislature. South Carolina Code Title 56 Chapter 5 – Section 56-5-2950
6
South Carolina Office of Motor Vehicle Hearings. A Guide to the Office of Motor Vehicle Hearings