Under South Carolina DUI law, certain convictions and license suspensions require a person to complete a mandatory education and treatment program related to Driving Under the Influence of alcohol or drugs. This program is called the Alcohol and Drug Safety Action Program (ADSAP).
A person who is convicted of DUI, whether it is their first or subsequent, must enroll and complete this program. If they do not, then they could potentially be brought back to the court for a show cause hearing. This requirement also applies to DUAC (Driving with an Unlawful Alcohol Concentration).
(H) A person convicted of violating this section, whether for a first offense or subsequent offense, must enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. An assessment of the extent and nature of the alcohol and drug abuse problem of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant successfully has completed the services. The applicant must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment. The Department of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may not exceed five hundred dollars for education services, two thousand dollars for treatment services, and two thousand five hundred dollars in total for all services. An applicant may not be denied services due to an inability to pay. Inability to pay for services may not be used as a factor in determining if the applicant has successfully completed services. An applicant who is unable to pay for services shall perform fifty hours of community service as arranged by the Alcohol and Drug Safety Action Program, which may use the completion of this community service as a factor in determining if the applicant successfully has completed services. The court must be notified whether an offender failed to enroll in a certified program within thirty days or failed to participate in the plan of education or treatment. The court may hold the individual in contempt of court if the individual cannot show cause as to why no enrollment occurred within the mandated thirty days or why no progress has been made on the plan of education or treatment. S.C. Code 56-5-2930(H)
See also 56-5-2933.
Alcohol and Drug Safety Action Program (ADSAP)
Under South Carolina's Implied Consent statute, if a person does not request a contested hearing, or loses at the hearing, then they will be required to enroll in ADSAP:
(5) if the person does not request a contested case hearing or if the person's suspension is upheld at the contested case hearing, the person shall enroll in an Alcohol and Drug Safety Action Program. S.C. Code 56-5-2950
For more information about ADSAP, the Department of Alcohol and Other Drug Abuse Services has put together a brochure on ADSAP and questions about the program:
Deconstructing the DUI
A conviction or arrest for Driving Under the Influence in South Carolina is a complicated process with many legal and statutory requirements. A DUI can involved the Fourth Amendment, case law, and many statutes. Deconstructing the DUI is a book that breaks down the process of a DUI from the initial stop to the breath test to the trial.
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