Charleston County DUI Court Process

Charleston County DUI Court Process

Being arrested for DUI in Charleston County can be a frightening experience. Understanding the court process can help alleviate some of the anxiety. This guide outlines the steps you'll face, from arraignment to potential trial, and provides information specific to Charleston County, South Carolina.

Which Court Handles DUI Cases?

In Charleston County, DUI cases are typically handled in two court systems:

• Charleston County Summary Courts: These courts handle most first-offense DUI cases and preliminary hearings. Magistrates/Summary Courts | Charleston County Government handles traffic and criminal court hearings. Traffic & Criminal Court: Magistrates/Summary Courts | Charleston County Government
• Charleston County General Sessions Court: More serious DUI offenses, such as felony DUIs (typically third or subsequent offenses), are handled in the General Sessions Court. SCD - Court Location Charleston, SC.

Unfortunately, specific addresses and hours for these courts are not available at this time.

**Finding Your Court Date:*You can potentially locate your court date and case information through the Public Index Search.

The Court Process Timeline

The DUI court process in Charleston County generally follows this timeline:

1. Arraignment (First Appearance)

• When it happens: The arraignment is your first court appearance, usually scheduled within a few weeks of your arrest.
• What to expect: At the arraignment, you'll be formally advised of the charges against you, and the potential penalties.
• Entering a plea: You'll be asked to enter a plea of guilty, not guilty, or nolo contendere (no contest).
• Getting a court-appointed attorney: If you cannot afford an attorney, you can request a court-appointed attorney at the arraignment.

2. Pre-Trial Hearings

• Discovery process: This is where your attorney gathers evidence from the prosecution, including police reports, breathalyzer results, and video footage.
• Plea negotiations: Your attorney may negotiate with the prosecutor to reach a plea agreement. A vast percentage of DUI arrests in Charleston County are administratively reduced to lesser offenses, such as Reckless Driving or Driving with an Unlawful Alcohol Concentration (DUAC), during pre-trial negotiations.
• Typical plea deals in Charleston County: Plea deals can vary, but may involve reduced charges, lighter sentences, or entry into a diversion program.

3. Trial (If No Plea Deal)

• Jury vs. bench trial: You have the right to a jury trial, where a panel of citizens decides your guilt or innocence. You can also opt for a bench trial, where the judge makes the decision.
• 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 include challenging the accuracy of the breathalyzer, questioning the legality of the traffic stop, or arguing that you were not impaired.
• Typical trial length: Trial length can vary, but most DUI trials in Charleston County last one to three days.

Penalties for DUI in Charleston County, SC

Penalties for DUI in South Carolina are determined by state law and can vary depending on prior offenses and the circumstances of the arrest.

First Offense

• Jail time: South Carolina law allows for a jail sentence ranging from imprisonment for not less than 72 hours nor more than 30 days.
• Fines: Fines range from $400 to $1,000, plus court costs and assessments.
• License suspension: A first DUI offense carries a six-month license suspension.
• Other requirements: You will also be required to complete the Alcohol and Drug Safety Action Program (ADSAP). ADSAP Brochure 8_05 - daodas.sc.gov - South Carolina

Second Offense

A second DUI offense within ten years carries significantly harsher penalties:

• Jail time: Imprisonment for not less than 30 days nor more than one year.
• Fines: Fines range from $2,100 to $5,100.
• License suspension: One-year license suspension.
• Mandatory IID: South Carolina law mandates the installation of an Ignition Interlock Device (IID) upon license reinstatement after a second DUI.

Third Offense

A third DUI offense is a felony under South Carolina law and carries severe consequences:

• Prison time: Imprisonment for not less than 90 days nor more than five years.
• Fines: Fines range from $3,800 to $6,300.
• Permanent revocation risk: Your driver's license may be permanently revoked.

Court Programs in Charleston County

• Diversion programs: Pre-Trial Intervention (PTI) may be an option for first-time offenders. SOLICITORS' DIVERSION PROGRAMS INFORMATION: PRE-TRIAL INTERVENTION PROGRAMS SUMMARY - South Carolina Legislature
• Drug court: Charleston County has an Adult Drug Court program. Adult Drug Court: Probate Court | Charleston County Government
• ADSAP (Alcohol and Drug Safety Action Program): This is a mandatory program for anyone convicted of DUI in South Carolina. You can contact Charleston Center for ADSAP services. Charleston Center: Department of Alcohol and Other Drug Abuse Services (DAODAS)

What to Bring to Court

• Photo ID
• Court summons
• Any documentation related to your case
• Professional dress code: Dress respectfully. Avoid wearing casual clothing like t-shirts, shorts, or flip-flops.

Local Court Procedures

Charleston County has a unique aspect to its DUI ecosystem: arresting police officers are frequently required to act as the sole prosecutors for their own DUI cases in summary courts. This structural anomaly can create challenges for the prosecution against specialized defense counsel.

Frequently Asked Questions

**1. Where do I complete ADSAP in Charleston County?*You can complete ADSAP through the Charleston Center. They are located at Charleston Center: Department of Alcohol and Other Drug Abuse Services (DAODAS).

**2. How can I find out the status of my driver's license after a DUI arrest in Charleston County?*Contact the South Carolina Department of Motor Vehicles (SCDMV). Due to limited information, no contact is available.

**3. Where do I pay court fines in Charleston County?*Unfortunately, specific information on where to pay court fines is unavailable at this time.

Sources

• Magistrates/Summary Courts | Charleston County Government
• Traffic & Criminal Court: Magistrates/Summary Courts | Charleston County Government
• Public Index Search
• ADSAP Brochure 8_05 - daodas.sc.gov - South Carolina
• Adult Drug Court: Probate Court | Charleston County Government
• Charleston Center: Department of Alcohol and Other Drug Abuse Services (DAODAS)
• SOLICITORS' DIVERSION PROGRAMS INFORMATION: PRE-TRIAL INTERVENTION PROGRAMS SUMMARY - South Carolina Legislature
• SCD - Court Location Charleston, SC