Before heading out to afternoon cocktails and driving home, you should consider these facts about driving under the influence in South Carolina.
What is a DUI?
In South Carolina, a DUI is driving under the influence of alcohol or drugs. DWI (driving while intoxicated) and DUI are often used interchangeably but South Carolina laws specifically use DUI for drunk driving offenses. For drivers that are 21 years of age or older, a blood alcohol concentration of 0.08% or higher is considered a DUI. For drivers under 21, the legal limit is 0.02%.
The penalties for DUIs in South Carolina vary vastly. They can include fine, jail time, and suspended license. For more information, please see Penalties for DUI.
Should you choose to roll the dice, here’s what to expect:
Can the police pull me over?
An officer can pull you so long as they have “reasonable suspicion” which can include traffic violations as well as if they have a reasonable suspicion that a crime has been committed. This could be something as simple has a lane violation, failure to use blinker, speeding, etc.
I’ve been pulled over, now what?
Assuming that your traffic stop is lawful, the officer will ask you for your license and registration. You should kindly comply with these requests. When considering whether to comply with a request to use the breathalyzer, the short answer is it depends. For more information, please see Should I Take a Breathalyzer?
The Arrest Process
Once you have been stopped, the officer must have “probable cause” to arrest. Once again, this is fact specific, but could include smelling alcohol, slurred speech, and/or failing field sobriety tests.
Upon arrest, you will be taken to jail, booked in, and likely have a bond hearing within 24 hours. You will be given the opportunity to take blood alcohol testing. We do not recommend taking any tests offered by law enforcement under these circumstances.
Assuming the facts of your DUI and arrest are not egregious, you will likely be given a bond and probably be released.
Now what?
You should hire an attorney immediately.
Possible DUI Charges
DUI-1st (first offense)
DUI-1st is a magistrate charge and will be handled by the magistrate court. In Charleston County and Berkeley County, this process moves much quicker than General Session in the Circuit Court. In most cases, you will have a court date within a month. At this time, if you do not have an attorney, there will be a bench trial. This means your case will be heard by one judge and you will be found guilty or not guilty. After a finding of the court, you will be sentenced. Please see Penalties for DUI. Should you choose to hire an attorney, your options could be different.
DUI-2nd and Up
For DUI-2nd and up, these charges can be brought up to Circuit Court and tried in the General Sessions. This process is much longer.
Typically, your first court date for a General Sessions charge will be in three (3) months. This will be called a “first appearance.” During this appearance you will be informed of your charges, rights, the Judge will make sure you have an attorney whether this be private or an appointed attorney, and you are typically scheduled for your “second appearance.”
The second appearance is similar to a status conference, but if you fail to appear, a bench warrant will be issued for you. Should you choose to hire an attorney, you may be able to opt out of this court appearance, but you should discuss this with your attorney.
At this point, the prosecutor will likely send an offer to plead guilty. This is done on a case-by-case basis and will depend on the facts of your case. There is also no guarantee you will be given an offer. Your attorney should communicate this offer to you and advise you appropriately.
Should you choose to plead guilty, you will be scheduled for a plea hearing. You should know, there are consequences to pleading guilty. On your scheduled date, you will go in front of the judge, answer a series of questions, plead guilty, and be sentenced.
Should you choose to decline this offer, you will go to trial. This process can take years. The docket in Charleston County is ran by the Solicitor’s office. This means that we will wait until your case is called to trial by the State. On your trial date, the State will present their case, then we will have the opportunity to present our case and defenses. The jury will render a verdict of guilty, not guilty, or reach an impasse. If you are found guilty, you will be sentenced. If the jury reaches an impasse, the case will have to be tried again.
Convicted of DUI
If you are convicted of a DUI, you will be sentenced accordingly. Sentencing is in the secretion of the Judge and will be based on the facts of the case. For more information on possible sentences, please see Penalties for DUI. A DUI conviction is not eligible for expungement and will be on your criminal record.