Charleston County Court Process

Charleston County DUI Court Process

Being arrested for DUI in Charleston County, South Carolina, can be a frightening and overwhelming experience. Understanding the court process is crucial to navigating the legal challenges ahead and protecting your rights. This guide, specific to Charleston County, will provide a clear overview of what to expect, from your initial arraignment to potential trial, and everything in between. Remember, this is general information and should not substitute advice from a qualified Charleston DUI attorney. You can find a list of qualified attorneys listed on [dui.guide].

Which Court Handles DUI Cases?

In Charleston County, DUI cases are typically handled in the Charleston County Criminal Court. While specific courtrooms can vary, you will likely appear at the Charleston County Courthouse, located in downtown Charleston.

Charleston County Courthouse (General Information - Verify with official source):

• Address:
• Hours:
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Finding Your Court Date:

Your court date and courtroom assignment will be indicated on the paperwork you received at the time of your arrest. If you have misplaced this paperwork, you can attempt to locate your court date by contacting the Charleston County Clerk of Court or by searching online through the court's public records portal (if available). Note that access to online records may be limited. Contacting the Clerk of Court directly is generally the most reliable method.

The Court Process Timeline

The DUI court process in Charleston County, like in most jurisdictions, follows a fairly standard timeline, although specific circumstances of your case can alter it.

1. Arraignment (First Appearance)

• When it happens: The arraignment is your first court appearance and usually occurs within a few weeks of your arrest. The exact timing depends on court scheduling.

• What to expect: At the arraignment, the judge will formally advise you of the charges against you. You will also be informed of your rights, including the right to remain silent and the right to an attorney. The judge will also likely set bail conditions, if not already addressed at your initial arrest.

• Entering a plea: You will be asked to enter a plea. Common options include:

• Guilty: Admitting to the charges.

• Not Guilty: Denying the charges and requiring the prosecution to prove your guilt.

• No Contest (Nolo Contendere): Not admitting guilt but accepting the punishment. This plea is treated similarly to a guilty plea for sentencing purposes but may offer some protection in civil lawsuits.

• Getting a court-appointed attorney: If you cannot afford an attorney, you have the right to request a court-appointed attorney. The judge will assess your financial situation to determine if you qualify. Be prepared to provide documentation of your income and assets. Even if you plan to hire your own attorney, attending the arraignment is crucial.

2. Pre-Trial Hearings

• Discovery process: After the arraignment, the discovery process begins. This is where your attorney will obtain evidence from the prosecution, including police reports, breathalyzer or blood test results, witness statements, and video footage (if available). A thorough review of this evidence is crucial for building a strong defense.

• Plea negotiations: This is a critical phase where your attorney will negotiate with the prosecutor to potentially reach a plea agreement. The goal is to minimize the penalties you face.

• Typical plea deals in Charleston County: Plea deals can vary significantly based on the specific facts of your case, your prior criminal record (if any), and the prosecutor's willingness to negotiate. Common plea deals might involve pleading guilty to a lesser charge, such as reckless driving ("wet reckless"), or agreeing to participate in a diversion program in exchange for a dismissal of the DUI charge. It's important to have an experienced Charleston DUI attorney who understands local practices and can effectively negotiate on your behalf.

3. Trial (If No Plea Deal)

• Jury vs. Bench Trial: You have the right to a trial by jury. This means a panel of your peers will hear the evidence and decide your guilt or innocence. You can also choose a bench trial, where the judge alone makes the decision. Your attorney will advise you on which option is best for your situation.

• What prosecution must prove: The prosecution must prove beyond a reasonable doubt that you were driving a vehicle while under the influence of alcohol or drugs. This typically involves presenting evidence of your blood alcohol content (BAC) exceeding the legal limit of 0.08, evidence of impairment based on field sobriety tests, and witness testimony.

• Common defenses: Common DUI defenses include challenging the accuracy of the breathalyzer or blood test, questioning the legality of the traffic stop, arguing that field sobriety tests were improperly administered, or presenting evidence that your driving was not impaired.

• Typical trial length: DUI trials in Charleston County can range from one to several days, depending on the complexity of the case and the number of witnesses.

Penalties for DUI in Charleston County, SC

South Carolina DUI penalties are serious, and the consequences can significantly impact your life.

First Offense

• Jail time: Up to 30 days. The actual jail time imposed depends on your BAC level.
• Fines: $400 to $1,000 plus court costs and assessments.
• License suspension: 6 months
• Other requirements:
• Alcohol and Drug Safety Action Program (ADSAP) - mandatory
• Ignition Interlock Device (IID) - May be required for restricted license. The specific requirements can vary.
• Possible community service

Second Offense

• Jail time: 5 days to 1 year.
• Fines: $2,100 to $5,100 plus court costs and assessments.
• License suspension: 1 year.
• Other requirements:
• ADSAP
• IID (likely required)

Third Offense

• Jail time: 60 days to 3 years.
• Fines: $3,800 to $6,300 plus court costs and assessments.
• License suspension: Permanent (with possible reinstatement after a period of time under specific conditions).
• Other requirements:
• ADSAP
• IID

Important Note: These are general guidelines. Specific penalties can vary based on the circumstances of your case, including your BAC level, whether there were any aggravating factors (such as a child in the car or an accident causing injury), and your prior criminal record.

Court Programs in Charleston County

• Diversion programs (if available): Charleston County may offer diversion programs for first-time DUI offenders. These programs typically involve completing alcohol education classes, community service, and abstaining from alcohol and drugs for a specified period. Successful completion of the program can result in the dismissal of the DUI charge. Speak with your attorney to see if you are eligible.

• Drug court: Charleston County operates a drug court program for individuals with substance abuse issues. While not specifically for DUI, it may be an option if your DUI is related to drug use and you meet the eligibility requirements.

• DUI court: Some jurisdictions have specialized DUI courts that focus on addressing the underlying issues contributing to DUI offenses. Check with your lawyer to see if this is available in Charleston County.

• Community service opportunities: If you are required to perform community service as part of your sentence, the court or your probation officer will provide you with a list of approved organizations.

What to Bring to Court

• Photo ID: Driver's license, passport, or other government-issued photo ID.
• Court summons: The official document notifying you of your court date and time.
• Any documentation: Any documents relevant to your case, such as proof of insurance, vehicle registration, or character letters.
• Professional dress code: Dress professionally and respectfully. Avoid wearing jeans, t-shirts, shorts, or revealing clothing. Business attire is recommended.

Local Court Procedures

It is crucial to consult with a Charleston DUI attorney who is familiar with local court procedures and practices. They can provide you with the most accurate and up-to-date information regarding specific judges, prosecutors, and court policies. This local knowledge is invaluable in navigating the Charleston County DUI court system.

Disclaimer: This guide provides general information and should not be considered legal advice. Consult with a qualified Charleston DUI attorney for personalized legal guidance regarding your specific situation.