Programs like ADSAP (essentially an anti-drunk driving and drugs program) arose as state governments bent to the increasing pressure from interest groups like MADD.  In addition to the severe penalties that come with a DUI or drug crime conviction, some of those convicted will have to attend ADSAP.

Those individuals are:

1. Individuals who are convicted of Driving Under the Influence (DUI) [S.C. Code Ann. Section 56-5-2930] or driving with an unlawful alcohol concentration which equates to a blood alcohol concentration (BAC) of .08% or greater.  [S.C. Code Ann. Section 56-5-2933];

2. Individuals who are referred by the South Carolina Department of Natural  Resources for boating under the influence (BUI); and

3. Individuals whose licenses are suspended through the state’s Administrative License Revocation (ALR) procedure. Drivers fall in this category if they are charged under the provisions known as “zero tolerance” which targets drivers under age 21 or “.15”  which is in addition to a charge of DUI or driving with an unlawful alcohol concentration for drivers of any age who operate a vehicle with a BAC of .15% or greater.

4. An individual also is subject to ALR if he refuses to take a blood, breath or urine test for the presence of alcohol or other drugs.

Individuals who fall within these categories will be required to complete ADSAP.  These individuals must contact ADSAP themselves and must enroll within 30 days of your conviction.

If One of These Folks Doesn’t Enroll, What Happens?

If someone required to fails to enroll in a certified program within 30 days, or if they fail to participate in the plan of education or treatment, they can be held in contempt of court, if they had no legally recognized excuse.  Even if you had no attorney during the proceedings leading to your conviction, you should consider hiring an attorney for this show cause hearing.  Contempt of court is a serious matter, and even if you were not given jail time upon conviction, contempt may still create jail time.

Our DUI Attorneys

If you have been charged with DUI or any other crime, you need legal assistance.  Browse our website, examine our credentials, and then call us toll-free at 877-374-5999 or contact us by email for a private, confidential consultation to review your individual case.

For a list of ADSAP treatment providers see: List of ADSAP Treatment Providers.

The statute is appended below:

SECTION 56-5-2933

(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 successfully has 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.