Chesterfield County DUI Court Process

Chesterfield County DUI Court Process

Navigating the court system after a DUI arrest can be overwhelming. This guide provides a clear understanding of the DUI court process in Chesterfield County, South Carolina, outlining what to expect at each stage. Understanding the process and potential penalties is the first step in building a strong defense.

Which Court Handles DUI Cases?

In Chesterfield County, DUI cases are typically handled in one of two court systems, depending on the severity of the offense:

• Chesterfield County Magistrate Court: First-offense misdemeanor DUIs without aggravating factors (such as child endangerment or severe property damage) are typically heard in the local Magistrate Court. The Chesterfield County Magistrate Court is located at 200 West Main Street, Chesterfield, SC 29709. You can reach the Magistrate Clerk at 843-623-9009 or the Clerk of Court at 843-623-2574. Filing hours are Monday - Friday, 8:30 AM - 5:00 PM.
• Circuit Court (General Sessions): Felony DUIs or third and subsequent repeat offenses are elevated to the Circuit Court (General Sessions).

To find your court date, you can use the South Carolina Public Index.

The Court Process Timeline

The DUI court process generally follows these stages:

1. Arraignment (First Appearance)

• When it happens: The arraignment is your first court appearance, typically scheduled within a few weeks of your arrest.
• What to expect: At the arraignment, you will be formally advised of the charges against you and your rights. The judge will also set bail, if it hasn't already been addressed at the Chesterfield County Detention Center.
• Entering a plea: You will be asked to enter a plea of guilty, not guilty, or 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 involves the exchange of information between the prosecution and the defense. The prosecution must provide you with evidence they intend to use against you, such as police reports, breathalyzer results, and witness statements.
• Plea negotiations: Your attorney will negotiate with the prosecutor to potentially reduce the charges or penalties.
• Typical plea deals in Chesterfield County: While specific plea deals vary depending on the circumstances of your case, a common outcome is pleading guilty to a lesser charge, such as reckless driving.

3. Trial (If No Plea Deal)

• Jury vs. bench trial: You have the right to choose between a jury trial (where a jury decides your guilt or innocence) and 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 test, arguing that the police lacked probable cause to stop you, or presenting evidence that you were not impaired.
• Typical trial length: Trial lengths vary depending on the complexity of the case, but most DUI trials in Chesterfield County last one to two days.

Penalties for DUI in Chesterfield County, SC

Penalties for DUI in South Carolina are outlined in state statutes and increase with each subsequent offense.

First Offense

• Jail time: SC law provides for a jail sentence ranging from imprisonment for not less than thirty days nor more than ninety days.
• Fines: SC law provides for a fine of four hundred dollars.
• License suspension: A first DUI offense results in a six-month license suspension.
• Other requirements: You will be required to complete the Alcohol and Drug Safety Action Program (ADSAP).

Second Offense

A second DUI offense carries harsher penalties:

• Jail time: Imprisonment for not less than one year nor more than three years.
• Fines: Fines range from $2,100 to $5,100.
• License suspension: One-year license suspension.
• Mandatory IID: Installation of an Ignition Interlock Device (IID) may be required.

Third Offense

A third DUI offense is a felony under South Carolina law:

• Prison time: Imprisonment for not less than two years nor more than five years.
• Fines: Fines range from $3,800 to $6,300.
• Permanent revocation risk: The risk of permanent license revocation is increased.

Court Programs in Chesterfield County

• Diversion programs: South Carolina law strictly prohibits the use of pre-trial intervention (PTI) for DUI charges.
• DUI court: Chesterfield County does not operate an independent, localized "DUI Court".
• Community service opportunities: Community service may be assigned as part of your sentence.

Instead of diversion, defendants convicted of a DUI are legally mandated to complete the Alcohol and Drug Safety Action Program (ADSAP).

What to Bring to Court

• Photo ID: Driver's license or other government-issued photo ID.
• Court summons: The official notice you received with your court date and time.
• Any documentation: Any documents relevant to your case, such as insurance information, vehicle registration, or character letters.
• Professional dress code: Dress in business casual attire. Shorts, tank tops, flip-flops, and revealing clothing are not permitted.

Local Court Procedures

All individuals entering the Chesterfield County Courthouse must pass through strict magnetometer screening and are subject to personal search or health screenings by Sheriff's deputies prior to admission. Arrive at least 15 to 20 minutes prior to your scheduled hearing to clear the security checkpoint.

Chesterfield County enforces a prohibition on portable electronic devices within the courthouse environs. Visitors are banned from bringing cell phones, laptops, tablets, e-book readers, or smartwatches into the building.

Frequently Asked Questions

1Where is the Chesterfield County Magistrate Court located? The Chesterfield County Magistrate Court is located at 200 West Main Street, Chesterfield, SC 29709.

2What happens if I miss my court date in Chesterfield County? Missing your court date can result in a bench warrant being issued for your arrest.

3Can I get a public defender in Chesterfield County if I can't afford a lawyer? Yes, if you cannot afford an attorney, you can request a court-appointed attorney at your arraignment.

Sources

• South Carolina Public Index
• Chesterfield County Government
• Chesterfield County Clerk of Court
• Chesterfield County Magistrate Court
• Chesterfield County Civic Alerts