Anderson County DUI Court Process

Your DUI Case in Anderson County Court

Being arrested for DUI in Anderson County, South Carolina, can be a stressful and confusing experience. This guide provides a step-by-step overview of the court process, potential penalties, and available resources to help you navigate the legal system. Understanding the procedures and requirements can empower you to make informed decisions about your case.

Which Court Handles DUI Cases?

The court that handles your DUI case depends on the arresting agency. If you were arrested by the Anderson County Sheriff's Office, the South Carolina Highway Patrol, or another state agency, your case will be heard in the Anderson County Summary Court & Central Traffic Court. If you were arrested by the City of Anderson Police Department, your case will be heard in the Anderson Municipal Court.

• Anderson County Summary Court & Central Traffic Court: Located at 2404 North Main Street, Anderson, SC 29621. You can contact the court clerk at (864) 260-4156 or (864) 260-4055. Filing hours are Monday through Friday, 8:30 AM to 5:00 PM, but civil filings must be completed by 4:30 PM. Anderson County Summary Court & Central Traffic Court
• Anderson Municipal Court: Located within City Hall at 401 S. Main Street, Anderson, SC 29624. The clerk's office can be reached at (864) 231-2271. Traffic court is held Monday through Thursday at 9:00 AM, and criminal court is held Monday through Thursday at 10:00 AM. Anderson Municipal Court

To find your court date, you can use the Anderson County Court Public Records Portal. Anderson County Court Public Records Portal

The Court Process Timeline

1. Arraignment (First Appearance)

The arraignment is your first appearance in court. It typically happens within a few days of your arrest. At the arraignment, you will be formally advised of the charges against you, and the potential penalties you face if convicted. The judge will also review your bail and may modify it.

You will be asked to enter a plea of guilty, not guilty, or no contest. If you plead not guilty, your case will be set for further hearings. If you plead guilty or no contest, the judge may sentence you immediately or set the case for a later sentencing hearing.

If you cannot afford an attorney, you can request a court-appointed attorney at the arraignment.

2. Pre-Trial Hearings

Pre-trial hearings are held to address various issues in your case, such as discovery, motions, and plea negotiations.

• Discovery: This is the process where the prosecution and defense exchange information about the case. The prosecution must provide you with all the evidence they have against you, including police reports, breathalyzer results, and witness statements.
• Plea Negotiations: Your attorney may engage in plea negotiations with the prosecutor to try to reach a plea agreement. A plea agreement could involve pleading guilty to a lesser charge or receiving a reduced sentence. In Anderson County, typical plea deals will vary based on the specific facts of the case, your prior record, and the prosecutor's policies.
• Motions: Your attorney may file motions to suppress evidence or dismiss the charges against you.

3. Trial (If No Plea Deal)

If you do not reach a plea agreement, your case will proceed to trial. You have the right to a jury trial, but you can also choose to have a bench trial, where the judge decides your guilt or innocence.

At trial, the prosecution must prove beyond a reasonable doubt that you committed the DUI offense. To convict you of DUI under SC law, the prosecution must prove that you: (1) operated a motor vehicle; (2) within Anderson County; and (3) were under the influence of alcohol or drugs, or had a blood alcohol concentration (BAC) of 0.08% or higher.

Common defenses to DUI charges include challenging the accuracy of the breathalyzer test, arguing that the police lacked probable cause to stop you, or presenting evidence that you were not impaired.

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 Anderson County, SC

The penalties for DUI in South Carolina are set forth in state law and can vary depending on the number of prior offenses and the BAC level.

First Offense

• Jail Time: South Carolina law § 56-5-2940 provides for a jail sentence ranging from no jail time to 30 days for a first offense DUI with a BAC of .08% to .10%.
• Fines: South Carolina law § 56-5-2940 provides for a fine ranging from $400 to $1,000 for a first offense DUI with a BAC of .08% to .10%.
• License Suspension: A first DUI offense carries a license suspension of six months.
• Other Requirements: You may also be required to complete a Alcohol and Drug Safety Action Program (ADSAP), perform community service, and install an ignition interlock device (IID) on your vehicle.

Second Offense

A second DUI offense within ten years results in harsher penalties:

• Jail Time: South Carolina law § 56-5-2940 mandates a jail sentence ranging from five days to one year.
• Fines: Fines range from $2,100 to $5,100.
• License Suspension: License suspension increases to one year.
• Mandatory IID: Installation of an IID is mandatory upon license reinstatement.

Third Offense

A third DUI offense within ten years carries the most severe penalties:

• Felony Charge: A third DUI is considered a felony under South Carolina law § 56-5-2940.
• Prison Time: Prison time can range from 60 days to five years.
• Fines: Fines range from $3,800 to $10,100.
• Permanent Revocation Risk: Your driver's license may be permanently revoked.

Court Programs in Anderson County

Anderson County offers several programs that may be available to DUI offenders:

• Drug/Treatment Court: Anderson County operates a judicially supervised Treatment Court, an intensive, 18-month voluntary program focused on drug and alcohol rehabilitation as an alternative to incarceration. Eligibility generally requires the defendant to first plead guilty to the underlying charge. The judge will then suspend or defer the execution of the sentence pending the successful completion of the rigorous therapy regimen, which includes frequent drug testing and court appearances. Failure to comply with the program's strict mandates results in immediate termination and the execution of the original jail sentence.
• Pre-Trial Intervention (PTI): The 10th Judicial Circuit Solicitor’s Office manages a Pre-Trial Intervention (PTI) program. Interested defendants must coordinate directly with the PTI office located in Anderson by calling (864) 260-4042. PTI is generally reserved for first-time, non-violent offenders. Acceptance into PTI for a DUI offense is highly restrictive, heavily dependent on the specific facts of the case, and requires explicit prosecutorial consent. If successfully completed, PTI results in the expungement of the arrest record.

What to Bring to Court

• Photo ID
• Court summons
• Any documentation relevant to your case
• Professional dress code

Local Court Procedures

The courts in Anderson County operate with a strict dress code. Visitors must wear clean, fitted clothing. A shirt and shoes are mandatory. All hats must be physically removed from the head before entering any courtroom. Furthermore, shirts must be tucked into the waistband. The courts explicitly ban shorts, cut-offs, baggy or sagging pants, flip-flop style shoes, tank tops, muscle shirts, and any clothing featuring vulgar, racist, sexist, obscene, or suggestive graphics.

The financial payment protocols within the Summary Court are unusually restrictive regarding acceptable legal tender. The courts absolutely refuse personal checks under any circumstances. Furthermore, in an effort to stream-line accounting and prevent nuisance payments, in-person cash payments strictly limit the usage of coins to a maximum of $1.00. Defendants paying court costs or fines must use paper cash, certified cashier's checks, money orders, or major credit cards. Critically, if utilizing a credit card (Visa, MasterCard, Discover), the name embossed on the card must identically match the individual presenting the card, and they must produce valid photographic identification to match.

Frequently Asked Questions

1. Where do I go for bond court if I am arrested by the Anderson County Sheriff's Office? County Bond Court is held at the Summary Court facility strictly twice a day: at 6:30 AM and 4:00 PM.

2. What are the dress code rules to enter the Anderson County Summary Court? The courts explicitly ban shorts, cut-offs, baggy or sagging pants, flip-flop style shoes, tank tops, muscle shirts, and any clothing featuring vulgar, racist, sexist, obscene, or suggestive graphics. All hats must be removed. Shirts must be tucked in.

3. What forms of payment are accepted at the Anderson County Summary Court? The courts absolutely refuse personal checks under any circumstances. Furthermore, in an effort to stream-line accounting and prevent nuisance payments, in-person cash payments strictly limit the usage of coins to a maximum of $1.00. Defendants paying court costs or fines must use paper cash, certified cashier's checks, money orders, or major credit cards.

Sources

• Anderson County Summary Court & Central Traffic Court
• Anderson Municipal Court
• Anderson County Court Public Records Portal