If the SC DMV declares you a “habitual traffic offender,” your license will be “revoked,” and you will be subject to much more severe criminal penalties if you drive.

Although “revoked” sounds permanent, it is not. 

The “revocation” is for five years, and it is possible to get your license reinstated in as little as two years after a finding that you are a habitual traffic offender (HTO). 

In this article, we will discuss HTO status in South Carolina, including:

• The definition of habitual traffic offender under SC law,
• How to contest a finding of HTO status, and
• How to get your license reinstated after two years instead of five.

What’s the Definition of “Habitual Traffic Offender” in SC?

SC Code Section 56-1-1020 says that you are a “habitual traffic offender” if you have:

1. Ten or more traffic convictions that carry a penalty of four or more points within three years, or
2. Three or more convictions within three years for more serious violations that include manslaughter or reckless homicide resulting from the operation of a motor vehicle, DUI, DUAC, reckless driving, driving under suspension, leaving the scene of an accident with death or great bodily injury, or any felony traffic offense involving a motor vehicle (felony DUI, for example).

Traffic convictions from other jurisdictions (other states or federal) will count towards HTO status if they “substantially conform” to a SC violation.

SC Habitual Traffic Offender Laws

Under SC Code § 56-1-1090, your driver’s license is “revoked” for five years if the DMV declares that you are a habitual traffic offender. 

The criminal penalties for driving while a habitual traffic offender are found in SC Code § 56-1-1100 and 1105:

• A felony punishable by up to five years in prison for driving while a habitual traffic offender,
• A felony punishable by up to ten years in prison if a person drives and causes great bodily injury while on HTO status, or
• A felony punishable by up to 20 years in prison if a person drives and causes death while on HTO status.

HTO Status: How Do You Get Your License Reinstated?

If the DMV has declared you a habitual traffic offender, you may still have options. 

There are two ways to fight HTO status in South Carolina:

1. Request a contested hearing, or
2. Request early reinstatement.

If the DMV Makes a Mistake – Request a Contested Hearing

The DMV does make mistakes, and you have the right to appeal a wrongful determination that you are a habitual traffic offender by requesting a contested case hearing under SC Code § 56-1-1030. 

For example, in SCDMV v. Dover, a 2018 case, the SC Court of Appeals held that the SC DMV’s determination that a driver was HTO was incorrect because, although the driver had convictions in SC for driving under suspension and driving under the influence (“three-strike” offenses), the Virginia reckless driving conviction that the DMV counted as the third strike was not sufficiently similar to SC’s reckless driving law. 

Remember, convictions from other states will count towards HTO status, but they must correspond to a SC traffic violation – in substance and not just in name. 

Reckless driving is a SC traffic offense that is listed under the “three-strikes” law, but Virginia has 14 different reckless driving offenses, and the “reckless driving” offense that the SC DMV counted was defined under Virginia law as “speeding greater than 80 mph.” 

The Virginia reckless driving conviction “substantially conforms” to “speeding” under South Carolina law, but not “reckless driving.”

Early Reinstatement After Two Years

• 1090 also gives you the right to request early reinstatement of your driver’s license after two years instead of five if:

• This is the first HTO suspension you have had in any state,
• You do not have charges pending for any alcohol or drug violations committed during the habitual offender suspension period,
• You have not been convicted of or have charges pending for any offense listed in Section 56-1-1020 committed during the habitual offender suspension period, and
• There is no other unfinished mandatory driver’s license suspension.

The DMV has thirty days after your request to determine whether you qualify, and, if they deny your request, you have the right to request a contested case hearing. 

If you believe that you will qualify for early reinstatement of your license after two years as a habitual traffic offender (HTO status), contact us before the two years are up. 

We can help you to:

• Determine whether you qualify for early reinstatement,
• Gather the documentation that you will need,
• File your early reinstatement request with the SC DMV, and
• Request a contested case hearing if your request for early reinstatement is unfairly denied.

Remember that SC license suspensions and revocations are like a revolving door for many people – an endless cycle of suspensions and arrests for driving under suspension. 

If you are charged with an offense that will suspend your license, fight it. Do not plead guilty. Call your attorney immediately. 

If your license is suspended, do not drive. Explore other options. 

If you are charged with driving under suspension, fight it. Do not plead guilty. Call your attorney immediately. 

If you are declared a habitual traffic offender and the DMV is wrong, fight it. Request a contested case hearing. 

And finally, get your license reinstated as soon as possible. Ask for early reinstatement, and appeal the decision if reinstatement is wrongly denied.

Questions About Habitual Traffic Offender Laws?

South Carolina criminal defense lawyer Kent Collins may be able to help you if you 1) have been charged with driving under suspension or as a habitual traffic offender in SC, 2) have been wrongly declared a habitual traffic offender, or 3) would like to petition for early reinstatement after two years as a habitual traffic offender. 

Get in touch with Kent by phone at 803-808-0905 or use this form to reach him online to schedule your in-person consultation.