Georgetown County DUI Court Process

Georgetown County DUI Court Process

Navigating the court system after a DUI arrest in Georgetown County can be overwhelming. This guide provides a step-by-step overview of the DUI court process, potential penalties, and available programs to help you understand what to expect.

Which Court Handles DUI Cases?

DUI cases in Georgetown County are typically heard in the Georgetown County Magistrates - Central Traffic Court. This court handles initial appearances, bond hearings, and pre-trial matters for misdemeanor DUI offenses. The Magistrates - Traffic Court is located at 333 Cleland Street, Georgetown, SC 29440. Contact the court at 843-545-3381. You may be able to find your court date through Online Services provided by the county.

The Court Process Timeline

Here's a general timeline of what to expect as your DUI case progresses through the Georgetown County court system:

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. This is also when the court will review your bond conditions.
• Entering a plea: You will be asked to enter a plea of guilty, not guilty, or no contest. It's generally advisable to plead not guilty at this stage to allow time to review the evidence and explore your options with a DUI attorney.
• 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: During the pre-trial phase, your attorney will have the opportunity to review the evidence against you, including police reports, breathalyzer results, and witness statements. This process is known as "discovery".
• Plea negotiations: Your attorney may engage in plea negotiations with the prosecutor to potentially reduce the charges or penalties you face.
• Typical plea deals in Georgetown County: While specific plea deals vary depending on the circumstances of each case, common resolutions may involve pleading guilty to a lesser charge, such as reckless driving ("wet reckless"), in exchange for reduced penalties.

3. Trial (If No Plea Deal)

• Jury vs. bench trial: You have the right to a trial by jury. In a jury trial, a panel of your peers will decide your guilt or innocence. You can also opt for a bench trial, where the judge alone makes the decision.
• What prosecution must prove: At trial, the prosecution must prove beyond a reasonable doubt that you were driving under the influence of alcohol or drugs, in violation of South Carolina law.
• Common defenses: Common defenses in DUI cases include challenging the accuracy of the breathalyzer test, questioning the legality of the traffic stop, and arguing that the prosecution lacks sufficient evidence to prove impairment.
• Typical trial length: The length of a DUI trial can vary, but most trials in Georgetown County last one to two days.

Penalties for DUI in Georgetown County, SC

The penalties for DUI in South Carolina are determined by state law and increase with each subsequent offense.

First Offense

• Jail time: South Carolina law § 56-5-2930 specifies that a first DUI offense carries a potential jail sentence ranging from 0 days to 30 days, depending on the Blood Alcohol Content (BAC).
• Fines: Fines for a first offense range from $400 to $1,000, plus court costs and assessments, as outlined in SC law § 56-5-2930.
• License suspension: A first DUI conviction results in a license suspension of six months.
• Other requirements: You may be required to complete the Alcohol and Drug Safety Action Program (ADSAP), perform community service, and potentially install an Ignition Interlock Device (IID) if your BAC was particularly high.

Second Offense

A second DUI offense within 10 years carries significantly harsher penalties:

• Jail time: You face a mandatory minimum jail sentence of 5 days, up to a maximum of 1 year.
• Fines: Fines range from $2,100 to $5,100.
• License suspension: Your license will be suspended for one year.
• Mandatory IID: Installation of an IID is typically required upon license reinstatement.

Third Offense

A third DUI offense is a serious matter with severe consequences:

• Felony: A third DUI offense in South Carolina is classified as a felony.
• Prison time: You face a mandatory minimum prison sentence of 60 days, up to a maximum of 5 years.
• Fines: Fines range from $3,800 to $7,500.
• Permanent revocation risk: Your license may be permanently revoked.

Court Programs in Georgetown County

• Pre-Trial Intervention (PTI): Georgetown County may offer a Pre-Trial Intervention (PTI) program for first-time offenders. PTI allows you to avoid a criminal conviction by completing certain requirements, such as community service, substance abuse counseling, and paying program fees. Successful completion of PTI results in the dismissal of your DUI charge. Contact the Clerk of Court for more information.
• ADSAP: The Georgetown County Alcohol and Drug Abuse Commission (GCADAC) at 1423 Winyah Street, Georgetown, SC 29440 is the nearest approved DUI school. State law requires anyone whose license is suspended due to implied consent or a DUI conviction to complete ADSAP before their driving privileges can be reinstated. Enrollment requires a 10-year SC driving record, a photo ID, a Social Security card, and an initial $100 intake deposit. The core of the ADSAP education module utilizes the PRIME For Life (PRI) curriculum.

What to Bring to Court

When attending court in Georgetown County, it's essential to be prepared and show respect for the judicial process. Here's what you should bring:

• Photo ID: A valid driver's license or other government-issued photo identification.
• Court summons: The official notice informing you of the date, time, and location of your court appearance.
• Any documentation: Any relevant documents related to your case, such as bail bonds, receipts, or correspondence with your attorney.
• Professional dress code: Dress professionally and conservatively. Avoid wearing casual clothing such as jeans, t-shirts, shorts, or tank tops. Business attire is recommended.

Local Court Procedures

While general courtroom etiquette applies, Georgetown County courts may have specific local procedures:

• Bond Court Schedules: The Georgetown County Sheriff's Office operates Bond Court at 9:00 AM, 11:00 AM, or 3:00 PM, depending on the arresting agency.
• Attire and Conduct: While a specific dress code for the Georgetown County court system is not explicitly outlined, it is best practice to dress professionally and respectfully. The city of Georgetown, TX recommends avoiding hats, sunglasses, cell phones, food, drinks, and gum in the courtroom.
• Electronic Devices: Be sure to turn off your cell phone and other electronic devices before entering the courtroom.
• Check-in: Arrive early to allow time to check in with the court clerk and find your courtroom.

By understanding the Georgetown County DUI court process, potential penalties, and local procedures, you can navigate the legal system with confidence and make informed decisions about your case.

Frequently Asked Questions

• Where do I pay fines associated with a DUI in Georgetown County? Fines are generally paid to the Georgetown County Clerk of Court.
• How do I find out who my court-appointed attorney is in Georgetown County? Contact the Georgetown County Clerk of Court for this information.
• Does Georgetown County have a specific DUI court program? While Georgetown County does not appear to have a dedicated DUI court, the Pre-Trial Intervention (PTI) program may be an option for first-time offenders.

Sources

• Magistrates - Traffic Court | Georgetown County, SC
• Online Services | Georgetown County, SC
• Bond Court - GCSheriff.org
• Clerk of Court | Georgetown County, SC
• Frequently Asked Questions - CivicPlus.CMS.FAQ - Georgetown County
• Attire and conduct - City of Georgetown