ATV 00 DPSN Charge: Penalties, Suspension, and SR-22 Rules

An ATV 00 DPSN charge is a South Carolina Uniform Traffic Ticket code for a first-offense charge of driving under suspension where the underlying suspension is not DUI-related. It falls under SC Code § 56-1-460, and a conviction carries a fine of up to $300, up to 30 days in jail, and an automatic extension of your suspension period.¹ The base fine is only the beginning of what the ticket actually costs you.

What the Code on the Ticket Means

The “ATV” portion identifies the violation type within South Carolina’s standardized ticket system. “00” signals a first offense. “DPSN” stands for driving under suspension, non-DUI. The distinction matters because South Carolina handles DUI-related suspensions far more harshly under a separate subsection of the same statute.

If your license was suspended for something like unpaid tickets, a lapsed insurance policy, a failure to appear, or an accumulation of points, and you were caught driving during that suspension, this is the code the officer uses. To get a conviction, the prosecution has to prove two things: that you were driving on a public road in South Carolina, and that your license was canceled, suspended, or revoked at the time.

Not knowing about the suspension is rarely a workable defense. The DMV sends notice by mail, and courts generally hold you responsible for keeping your address current and for monitoring your own driving status.

Penalties for a First Offense

Section 56-1-460 sets a first-offense ceiling of a $300 fine, up to 30 days in jail, or both.¹ For a straightforward first offense without aggravating factors, most defendants see a fine rather than jail time, though the judge has the authority to impose both.

The $300 is deceptive. South Carolina magistrate and municipal courts add several mandatory assessments and surcharges on top of every criminal fine, including a general court assessment, a $25 law enforcement funding surcharge that cannot be waived or reduced, a conviction surcharge, and a drug court surcharge.² By the time everything is added up, the total financial obligation for a first offense commonly lands in the $600 to $700 range.

The Automatic Suspension Extension

This is the penalty that catches most people by surprise. Separate from anything the judge does, a conviction triggers an automatic administrative action by the SCDMV that extends your suspension.¹ There is no additional hearing. The conviction itself is the trigger.

If your original suspension had a definite period, the DMV adds another period equal to the original. A 90-day suspension becomes 90 more days on top of whatever time remained.
If your original suspension period had already expired before the conviction, the DMV suspends your license again for the same length of time.
If your suspension was indefinite, the extension is an additional three months.
If the suspension was under Section 56-25-20 only, the extension is limited to 30 days, and you do not have to file proof of financial responsibility before reinstatement.
If your license was revoked rather than suspended, the DMV will not issue a new license for an additional year beyond when you would otherwise have been eligible to apply.

In other words, the fine is the court’s piece. The extension is the DMV’s piece. Both happen.

Driving to Work During the Suspension

South Carolina offers a limited lifeline. If you are convicted of a first or second offense under § 56-1-460, you may apply to the SCDMV for a route-restricted license that allows driving only to and from work or school and in the course of your employment or education.¹

To qualify, you must be employed or enrolled at a college or university and live more than one mile from your workplace or school. The DMV sets specific time windows and approved routes, and you must report any change in employment, enrollment, hours, or home address immediately. The fee is $100. A route-restricted license is not available for a third or subsequent offense.

Getting Your License Back

Once your full suspension period, including the extension from the conviction, has run its course, you can start the reinstatement process through the SCDMV. The standard reinstatement fee is $100 per suspension unless a different amount applies.³ Before you go to a branch, make sure you have:

Your $100 reinstatement fee, payable at the branch.
Confirmation that your SR-22 has been filed, if required.
Valid identification, including your license number and Social Security number.
Proof that all court obligations are satisfied. Any outstanding fines, assessments, or community service must be completed before the DMV will process reinstatement.

The SCDMV offers some services online, but for reinstatement after a DUS conviction, visiting a branch office in person is usually the most reliable way to confirm everything processes correctly.⁴

When You’ll Need an SR-22

Whether you need an SR-22 depends on why your license was originally suspended. If the suspension was triggered by driving without insurance, an at-fault accident while uninsured, or a lapse in coverage, you will almost certainly need an SR-22 before the DMV will reinstate. If the suspension was based solely on Section 56-25-20, the statute specifically exempts you from the financial responsibility filing requirement.¹

When an SR-22 is required, it stays on file for three years from the date of reinstatement. If your coverage lapses or is canceled during that window, your carrier is legally required to notify the SCDMV, your license is suspended again, and the three-year clock resets. Filing the form itself costs around $25, but the real cost is the premium. Drivers with an SR-22 requirement routinely see annual premiums climb by $1,000 or more. If you do not own a vehicle, you can buy a non-owner policy that provides the required liability coverage, though not every insurer sells one.

When the Charge Can Be Dismissed

If your license was suspended solely because of an unpaid fine from a traffic ticket in another state, and that out-of-state violation was not alcohol-related or a reckless driving charge, SC Code § 56-1-464 gives you a way to get the DUS charge dismissed.⁵ You resolve the out-of-state violation, present an official receipt to the magistrate’s court, and pay an assessment that climbs with each use of the remedy: $500 for a first use, $1,000 for a second, $1,500 for a third, and $2,000 for a fourth or subsequent.

The assessment is steep, but it is one of the few ways to avoid the conviction itself and the automatic suspension extension that follows. If your situation fits this narrow category, resolving the out-of-state ticket quickly is worth the cost.

What Happens If You Ignore the Ticket

Skipping court does not make the charge go away. If you fail to appear, the court can either try the case in your absence or issue a bench warrant for your arrest. The warrant remains active indefinitely and exposes you to arrest at any future traffic stop or police encounter. It also tolls certain statutory deadlines, including the five-year waiting period for expungement eligibility, so the clock stops running while the warrant is outstanding. Failure to appear can also trigger yet another license suspension on top of the one you already have.

What a Second or Third Offense Looks Like

Only violations within a five-year window count as priors for enhancement purposes.¹ A second offense carries a fine of up to $600, imprisonment for up to 60 consecutive days, or both, and the same court surcharges push the real cost well above $1,000. A third or subsequent offense carries a mandatory $1,000 fine and up to 90 days in jail or 90 days of home detention under the Home Detention Act, with the defendant paying for monitoring. The jump from “or” to “and” at the third offense matters: for a first or second conviction, the court can impose a fine or jail or both, but at the third conviction both are required unless the defendant successfully completes home confinement.

A separate escalation runs alongside this one. Three or more DUS convictions within a three-year period can get you classified as a habitual traffic offender under SC Code § 56-1-1020, which carries a five-year license revocation.⁶ Multiple offenses on the same day count as one for this purpose, but three separate incidents will cross the threshold. Revocation is a harder status to come back from than suspension, and the designation sticks on your record.

If You Hold a CDL

Commercial drivers face an additional layer of consequences under federal law. Under 49 CFR § 383.51, a CDL holder whose driving privilege has been suspended or revoked in any state is disqualified from operating a commercial motor vehicle until that privilege is fully restored, regardless of whether you hold a valid CDL in another state.⁷ CDL holders must also notify their employer of any traffic conviction within 30 days, whether the driving was commercial or personal.⁸ If a prior suspension arose from violations committed while operating a commercial vehicle, a first conviction brings a one-year CDL disqualification (three years for hazardous materials) and a second brings a lifetime disqualification.

1
South Carolina Legislature. South Carolina Code 56-1-460 – Penalties for Driving While License Cancelled, Suspended or Revoked; Route Restricted License
2
South Carolina Legislature. South Carolina Code 14-1-212 – Surcharges on Fines; Distribution
3
SCDMV. Pay Reinstatement Fees
4
South Carolina Department of Motor Vehicles. License Reinstatement
5
South Carolina Legislature. South Carolina Code 56-1-464 – Cancellation, Suspension, or Revocation of License Based on Out-of-State Violation
6
South Carolina Legislature. South Carolina Code 56-1-1020 – Habitual Offender Defined
7
eCFR. 49 CFR 383.51 – Disqualification of Drivers
8
Federal Motor Carrier Safety Administration. Section 391.15 Disqualification of Drivers