Georgetown County Court Process

Georgetown County DUI Court Process: A Step-by-Step Guide

Being arrested for Driving Under the Influence (DUI) in Georgetown County, South Carolina, can be a frightening experience. Knowing what to expect in court is crucial to navigating this challenging situation. This guide provides a comprehensive overview of the Georgetown County DUI court process, from arraignment to potential trial and sentencing. This information is for educational purposes only and should not be substituted for advice from a qualified South Carolina attorney. If you've been arrested for DUI, contact a lawyer immediately.

Which Court Handles DUI Cases?

In Georgetown County, DUI cases are typically heard in the Georgetown County Criminal Court.

• Court Name: Georgetown County Criminal Court
• Location: The Georgetown County Courthouse is located in Georgetown, SC. (Specific address needs to be added when available)
• Hours: Court hours are typically Monday through Friday, 8:30 AM to 5:00 PM, excluding holidays. Call the court clerk's office to verify specific times and schedules. (Phone number needs to be added when available)
• Finding Your Court Date: Your court date will be listed on the paperwork you received at the time of your arrest. If you've misplaced it, you can contact the Georgetown County Clerk of Court to inquire about your case and scheduled appearances. You will need to provide your name, date of birth, and ideally, your arrest date or case number.

The Court Process Timeline

The DUI court process in Georgetown County follows a general timeline, although the specifics can vary depending on the individual case. Here's a breakdown of the typical stages:

1. Arraignment (First Appearance)

• When it Happens: Your arraignment is usually scheduled within a few weeks of your arrest. The exact date and time will be on your citation or bond paperwork.
• What to Expect: The arraignment is your first formal appearance before a judge. The judge will inform you of the charges against you, your rights, and the potential penalties you face.
• Entering a Plea: At the arraignment, you'll be asked to enter a plea. Common pleas are:
• Guilty: You admit to the charges.
• Not Guilty: You deny the charges.
• No Contest (Nolo Contendere): You don't admit guilt, but you acknowledge the prosecution has enough evidence to convict you. This plea is treated similarly to a guilty plea for sentencing purposes but can have different implications 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 and determine if you qualify. It's crucial to be honest about your finances.

2. Pre-Trial Hearings

• Discovery Process: After the arraignment, the discovery process begins. This involves the prosecution sharing the evidence they have against you with your attorney (or you, if you are representing yourself). This evidence may include:
• Police reports
• Breathalyzer or blood test results
• Witness statements
• Video footage (e.g., dashcam or bodycam footage)
• Plea Negotiations: Your attorney will review the evidence and engage in plea negotiations with the prosecutor. The goal is to reach a plea agreement that reduces the charges or penalties you face.
• Typical Plea Deals in Georgetown County: While specific plea deals vary based on the facts of the case, some common outcomes might include:
• Pleading guilty to a lesser charge, such as reckless driving ("wet reckless"), which carries less severe penalties than a DUI.
• Reduced jail time or fines.
• Alternatives to jail, such as community service or participation in a DUI treatment program.
• A "pre-trial intervention" (PTI) program, if eligible, which allows you to complete certain requirements (e.g., alcohol education, community service) and have the DUI charge dismissed upon successful completion. Eligibility for PTI varies.

3. Trial (If No Plea Deal)

• Jury vs. Bench Trial: You have the right to a trial by jury, where a panel of citizens will decide your guilt or innocence. Alternatively, you can opt for a bench trial, where the judge alone makes the decision. Your attorney can advise you on which option is best for your case.
• What the Prosecution Must Prove: To convict you of DUI, the prosecution must prove beyond a reasonable doubt that:
• You were driving or in actual physical control of a vehicle.
• You were under the influence of alcohol or drugs.
• Your blood alcohol concentration (BAC) was 0.08% or higher.
• That your ability to drive was materially and appreciably impaired.
• Common Defenses: A skilled DUI attorney can raise various defenses, such as:
• Challenging the accuracy of the breathalyzer or blood test.
• Questioning the legality of the traffic stop.
• Arguing that you were not impaired.
• Presenting evidence of medical conditions that could have affected the test results.
• Typical Trial Length: DUI trials in Georgetown County can last from one to several days, depending on the complexity of the case and the number of witnesses involved.

Penalties for DUI in Georgetown County, SC

South Carolina DUI penalties are serious and can have long-lasting consequences.

First Offense

• Jail Time: [0 to 90 days], though jail time is often suspended for first offenders.
• Fines: [$400 to $1,000] plus court costs and assessments.
• License Suspension: [6 months]. You may be eligible for a provisional license after a certain period, allowing you to drive to work, school, and medical appointments.
• Other Requirements: Alcohol and Drug Safety Action Program (ADSAP), potential community service, and possible installation of an ignition interlock device (IID), particularly if your BAC was significantly high.

Second Offense

Penalties for a second DUI offense within ten years are significantly harsher:

• Jail Time: [30 days to 1 year].
• Fines: [$2,100 to $5,100] plus court costs and assessments.
• License Suspension: [1 year].
• Mandatory Ignition Interlock Device (IID): Required for a specified period after license reinstatement.
• ADSAP: Required.

Third Offense

A third DUI offense in South Carolina is a felony:

• Jail Time: [60 days to 3 years].
• Fines: [$3,800 to $7,500] plus court costs and assessments.
• License Suspension: [Permanent].
• Mandatory Ignition Interlock Device (IID): Likely required if license is ever reinstated (which is unlikely).
• ADSAP: Required.

Court Programs in Georgetown County

• Diversion Programs: Georgetown County may offer diversion programs, such as Pre-Trial Intervention (PTI), for first-time DUI offenders who meet specific eligibility requirements. Completion of PTI can result in the dismissal of the DUI charge.
• Drug Court: Georgetown County may have a drug court program for individuals struggling with substance abuse issues. Participation in drug court involves intensive supervision, treatment, and drug testing. Successful completion can lead to reduced penalties.
• DUI Court: A dedicated DUI court may exist to address DUI offenses more effectively. These courts often focus on rehabilitation and treatment in addition to punishment.
• Community Service Opportunities: The court may order community service as part of your sentence. Options include working at local charities, non-profit organizations, or government agencies.

What to Bring to Court

• Photo ID: Driver's license or other government-issued identification.
• Court Summons: The official notice you received with your court date and time.
• Any Documentation: Any documents related to your case, such as police reports, bond paperwork, or proof of enrollment in ADSAP.
• Professional Dress Code: Dress professionally. Avoid wearing shorts, t-shirts, tank tops, or flip-flops. Business casual attire is generally appropriate.

Local Court Procedures

[This section requires more specific information about Georgetown County Court procedures. Research and add details here. For example:]

• Specific Judges: Information about the judges who typically preside over DUI cases in Georgetown County.
• Preferred Plea Bargain Practices: Insight into common plea bargain practices of the Georgetown County Prosecutor's Office.
• Local Rules: Any unique local court rules or procedures that apply to DUI cases.
• Availability of Public Transportation: Information about public transportation options to and from the Georgetown County Courthouse.

Disclaimer: This guide provides general information about the Georgetown County DUI court process and should not be considered legal advice. If you have been arrested for DUI, it is essential to consult with a qualified South Carolina DUI attorney to discuss your specific case and legal options. A lawyer can protect your rights and help you navigate the complexities of the legal system.