Abbeville County DUI Court Process

Abbeville County DUI Court Process

Facing a DUI charge in Abbeville County can be a daunting experience. Understanding the court process is crucial to navigating this challenging situation. This guide provides a detailed overview of what to expect, from your initial appearance to potential penalties and available court programs.

Which Court Handles DUI Cases?

In Abbeville County, DUI cases are typically handled in the Abbeville County Magistrate Court or the Abbeville Municipal Court, depending on where the arrest occurred.

• Abbeville County Magistrate Court: This court handles initial appearances, bond hearings, and preliminary hearings for DUI cases. The Abbeville County Magistrate Court is located at 21 Old Calhoun Falls Road, Abbeville, SC 29620. You can contact them at (864) 446-6500.
• Abbeville Municipal Court: This court handles DUI cases arising within the city limits of Abbeville. The Abbeville Municipal Court is located within the city.

To find your specific court date, you can attempt to look it up via the Abbeville County online payment portal.

The Court Process Timeline

The DUI court process in Abbeville County generally follows these steps:

1. Arraignment (First Appearance)

• When it happens: Your arraignment, or first appearance, typically occurs within 24 hours of your arrest, or as soon as the court is in session.
• What to expect: At the arraignment, you will be formally advised of the charges against you, including the potential penalties. The judge will also set your bond. The Abbeville County Magistrate Court enforces strict bans on cellular phones and a rigid dress code under threat of contempt of court.
• Entering a plea: You will be asked to enter a plea of guilty or not guilty. It is generally advisable to plead not guilty at this stage.
• Getting a court-appointed attorney: If you cannot afford an attorney, you can request a court-appointed attorney at the arraignment. While public defenders are available for those facing jail time, many individuals choose to hire a private criminal defense attorney.

2. Pre-Trial Hearings

• Discovery process: During the pre-trial phase, your attorney will have the opportunity to review the evidence against you, including police reports, breathalyzer results, and video footage. This is known as the discovery process.
• Plea negotiations: Your attorney may engage in plea negotiations with the prosecutor to potentially reduce the charges or penalties.
• Typical plea deals in Abbeville County: Plea deals can vary depending on the specific circumstances of your case and your prior record.

3. Trial (If No Plea Deal)

• Jury vs. bench trial: You have the right to a trial by jury or a bench trial (where the judge decides the case).
• What prosecution must prove: The prosecution must prove beyond a reasonable doubt that you were driving under the influence of alcohol or drugs.
• Common defenses: Common defenses in DUI cases include challenging the validity of the traffic stop, questioning the accuracy of the breathalyzer test, and disputing the field sobriety test results.
• Typical trial length: The length of a DUI trial can vary depending on the complexity of the case, but it typically lasts one to two days.

Penalties for DUI in Abbeville County, SC

The penalties for DUI in South Carolina are determined by state law and can vary depending on the number of prior offenses and the blood alcohol content (BAC).

First Offense

• Jail time: South Carolina law §56-5-2930 outlines the penalties. If the BAC is less than 0.16%, the jail time ranges from no mandatory minimum up to 30 days.
• Fines: Fines range from $400 to $1,000 plus court costs and assessments if the BAC is less than 0.16%.
• License suspension: A first DUI offense results in a license suspension of six months.
• Other requirements: You will also be required to complete the Alcohol and Drug Safety Action Program (ADSAP) as mandated by South Carolina Code Ann. Section 56-5-2930.

Second Offense

A second DUI offense within ten years carries more severe penalties:

• Jail time: Jail time ranges from five days to one year.
• Fines: Fines range from $2,100 to $5,100 plus court costs and assessments.
• License suspension: License suspension is for one year.
• IID Requirement: Installation of an Ignition Interlock Device (IID) may be required.

Third Offense

A third DUI offense within ten years is a felony:

• Prison time: Prison time ranges from 60 days to three years.
• Fines: Fines range from $3,800 to $6,300 plus court costs and assessments.
• License revocation: The risk of permanent license revocation is high.

Court Programs in Abbeville County

• Diversion Programs: South Carolina offers diversion programs like Pre-Trial Intervention (PTI) for first-time offenders. These programs allow individuals to avoid a criminal record by completing specific requirements, such as community service, substance abuse treatment, and paying restitution.
• DUI Court: While a dedicated DUI court may not be available in Abbeville County itself, nearby counties may offer such programs. The DUI Treatment Court Program is one option.
• Community Service Opportunities: Community service may be assigned as part of a plea agreement or sentence.

What to Bring to Court

• Photo ID: Driver's license or other government-issued photo identification.
• Court Summons: The official notice you received with the date, time, and location of your hearing.
• Any Documentation: Any documents relevant to your case, such as accident reports, insurance information, or character letters.
• Professional Dress Code: Dress professionally. Avoid wearing casual clothing such as shorts, t-shirts, or flip-flops.

Local Court Procedures

The Abbeville County Magistrate Court is located at 21 Old Calhoun Falls Road, Abbeville, SC 29620.

The Abbeville County Magistrate Court enforces strict bans on cellular phones and a rigid dress code under threat of contempt of court. Be sure to dress professionally and leave your phone in your car.

Frequently Asked Questions

**1. Where will my car be impounded after a DUI arrest in Abbeville County?*Your vehicle will likely be impounded by A-1 Tire of Abbeville LLC located at 63 Hwy 72 W, Abbeville, SC 29620. Note that A-1 Tire is closed completely on Saturdays and Sundays, triggering significant daily storage fees before you can retrieve your vehicle on Monday.

**2. Where do I complete ADSAP in Abbeville County?*You will likely complete the Alcohol and Drug Safety Action Program (ADSAP) at Cornerstone, located at 103 Whitehall St, Abbeville, SC 29620. You can reach them at (864) 366-9661.

**3. Where can I install an Ignition Interlock Device (IID) if required in Abbeville County?*Because Abbeville County doesn't have any IID installation centers, you'll have to travel to Greenwood or Anderson. Smart Start is located inside Pro Audio & More, 1819 Bypass 72 NE, Greenwood, SC 29649. Intoxalock has locations at 1648 Calhoun Rd, Greenwood, SC 29649 and Palmetto State Automotive, 2808 Highway 29 North, Anderson, SC 29621.

Sources

• Abbeville County Magistrate Court
• Abbeville Municipal Court
• Abbeville County Online Payments
• DUI Treatment Court Program
• South Carolina Code Section 56-5-2930