Kershaw County DUI Court Process

Your DUI Case in Kershaw County Court

Being arrested for Driving Under the Influence (DUI) in Kershaw County, South Carolina, can be a stressful and confusing experience. Understanding the court process is crucial to navigating the legal challenges ahead. This guide provides a comprehensive overview of what to expect, from your initial appearance to potential penalties and available resources. The information here is intended to provide guidance based on research of Kershaw County's DUI procedures, but it is not a substitute for the advice of a qualified attorney.

Which Court Handles DUI Cases?

DUI cases in Kershaw County are typically handled by the Kershaw County Magistrate Court. The Magistrate Court has jurisdiction over misdemeanor criminal offenses, including DUI.

The Kershaw County Magistrate Court address is available at Kershaw County Magistrate Court. Court hours are generally weekdays during normal business hours. Contact the court directly for specific hours and holiday closures.

To find your specific court date, you can attempt to search court records online. You will need your name or case number to conduct a search. You can also contact the Kershaw County Clerk of Court. The Clerk of Court is responsible for maintaining court records; contact information can be found at the Kershaw County Clerk of Court.

The Court Process Timeline

The DUI court process in Kershaw County generally follows these steps:

1. Arraignment (First Appearance)

The arraignment is your first appearance in court after a DUI arrest. In Kershaw County, this typically occurs within a few weeks of your arrest. You will receive a notice with the date, time, and location.

At the arraignment, you will be formally advised of the charges against you, and the potential penalties you face. You will also be asked to enter a plea of guilty or not guilty.

If you cannot afford an attorney, you can request a court-appointed attorney at the arraignment. The court will assess your financial situation to determine if you qualify.

2. Pre-Trial Hearings

Following the arraignment, there will be pre-trial hearings. These hearings serve several purposes:

• Discovery Process: The prosecution is required to share evidence with your attorney (or you, if you are representing yourself). This evidence may include police reports, breathalyzer results, and video recordings.
• Plea Negotiations: Your attorney may engage in plea negotiations with the prosecutor. The goal is to reach an agreement where you plead guilty to a lesser charge or receive a reduced sentence. According to research, many arrests in jurisdictions like Kershaw County ultimately result in pleas to lesser charges, such as reckless driving, or a plea to Driving with an Unlawful Alcohol Concentration (DUAC). A DUAC conviction carries the exact same administrative and criminal penalties as a DUI, but allows the defendant to technically state they have not been convicted of a "DUI," which holds unique value for certain employment background checks and professional licensing inquiries.
• Motions: Your attorney may file motions to suppress evidence if there are grounds to believe it was obtained illegally. For example, if the arresting officer did not have probable cause to stop you, any evidence obtained as a result of the stop may be suppressed. As noted by legal practitioners in the state, law enforcement cannot simply pull over vehicles at random. The checkpoint must have supervisory approval, a valid reason for the location based on data, media announcement, and a predictable pattern of stopping vehicles (e.g., every third car). Identifying deviations from these operational mandates is a primary vector for defense attorneys in Kershaw County when challenging the initial stop.

3. Trial (If No Plea Deal)

If a plea agreement cannot be reached, your case will proceed to trial. You have the right to a jury trial, but you can also choose to have a bench trial, where the judge decides the case.

At trial, the prosecution must prove beyond a reasonable doubt that you were driving under the influence. This typically involves presenting evidence such as:

• Police Officer Testimony: The arresting officer will testify about their observations of your driving, your performance on field sobriety tests, and your demeanor.
• Breathalyzer Results: If you submitted to a breathalyzer test, the results will be presented as evidence.
• Video Evidence: South Carolina law mandates stringent video recording procedures at the incident scene and in the breath testing room.

Common defenses in DUI cases include:

• Challenging the Stop: Arguing that the officer did not have a legal basis to stop you.
• Challenging the Breathalyzer: Arguing that the breathalyzer machine was not properly calibrated or that the test was not administered correctly.
• Medical Conditions: Presenting evidence that a medical condition mimicked the symptoms of intoxication.

The length of a DUI trial varies depending on the complexity of the case.

Penalties for DUI in Kershaw County, SC

The penalties for DUI in Kershaw County are determined by South Carolina state law. The severity of the penalties depends on factors such as your blood alcohol concentration (BAC) and any prior DUI convictions.

First Offense

• Jail Time: SC law § 56-5-2930(A) states that the jail sentence for a first offense DUI with a BAC of .08 to .10 is a fine of $400 or imprisonment for not more than 30 days.
• Fines: SC law § 56-5-2930(A) states that the fine for a first offense DUI with a BAC of .08 to .10 is $400. Fines increase with higher BAC levels.
• License Suspension: A first DUI offense typically results in a license suspension. To contest this severe suspension, the defendant must formally request a "Contested Case Hearing" (commonly referred to as an Implied Consent Hearing) before the Office of Motor Vehicle Hearings (OMVH). The request must be submitted within exactly 30 calendar days of the notice of suspension.
• Other Requirements: You may be required to complete an Alcohol and Drug Safety Action Program (ADSAP), perform community service, and install an Ignition Interlock Device (IID) in your vehicle, especially if your BAC was .15% or higher.

Second Offense

A second DUI offense carries significantly harsher penalties under South Carolina law. This includes increased jail time, higher fines, a longer license suspension, and mandatory IID installation.

Third Offense

A third DUI offense is a felony under South Carolina law. The penalties include substantial prison time, very high fines, and the potential for permanent revocation of your driver's license.

Court Programs in Kershaw County

Kershaw County is included in the Fifth Judicial Circuit, which comprises both Richland and Kershaw counties. The Fifth Circuit receives specialized, targeted funding from the OHSJP to maintain "Special DUI Prosecutors". These specialized prosecutors are explicitly assigned to manage the backlog of DUI cases, improve conviction rates, and navigate the extreme complexities of DUI jury trials.

Secure Continuous Remote Alcohol Monitoring (SCRAM) ankle bracelets sample the wearer's insensible perspiration every 30 minutes to detect alcohol consumption. This technology is incredibly sensitive and is frequently utilized as a condition of pretrial bond, or as a mandatory requirement within the Fifth Circuit DUI Treatment Court program.

What to Bring to Court

When attending court in Kershaw County, it is important to be prepared and show respect for the court. Here's what you should bring:

• Photo ID: A valid driver's license or other government-issued photo ID.
• Court Summons: The official notice you received with the date, time, and location of your hearing.
• Any Documentation: Any documents relevant to your case, such as insurance information, vehicle registration, or character letters.
• Professional Dress Code: Dress in professional attire. Avoid wearing shorts, t-shirts, or hats.

Local Court Procedures

A critical nuance in the prosecution of DUI cases in South Carolina is the structural, statutory difficulty of securing a conviction. South Carolina law mandates stringent video recording procedures at the incident scene and in the breath testing room. Any deviation from these rigid protocols can result in the suppression of evidence or outright dismissal of the charge.

Frequently Asked Questions

**1. Where do I file for a Temporary Alcohol Restricted License (TARL) in Kershaw County?*Upon successfully filing for the contested case hearing, the defendant receives a formal receipt from the OMVH. This receipt must be physically taken to an SCDMV branch, such as the Camden branch at 1056 Ehrenclou Drive, Camden, to apply for a Temporary Alcohol Restricted License (TARL).

**2. Who do I call if my car was impounded after a DUI arrest in Kershaw County?*Because there is no central county impound yard, families often call the local police department dispatch seeking the vehicle. Dispatchers will only know which company was called from the rotation list if the caller has the exact time and location of the arrest. You must obtain the specific tow slip from the arresting officer or consult the Kershaw County Detention Center (KCDC) booking intake desk to identify which vendor executed the tow. Failing this, they must call the non-emergency dispatch line for the specific arresting agency (e.g., SCHP Troop 1 dispatch or Kershaw County Central Communications at 803-425-1500).

**3. How long do I have to request a Contested Case Hearing?*To contest the suspension of your license, you must formally request a "Contested Case Hearing" before the Office of Motor Vehicle Hearings (OMVH). The request must be submitted within exactly 30 calendar days of the notice of suspension.

Sources

• Kershaw County Magistrate Court
• Kershaw County Clerk of Court
• Search Court Records
• South Carolina Law § 56-5-2930(A)