Lancaster County DUI Court Process

Lancaster County DUI Court Process

Facing a DUI charge in Lancaster County, South Carolina, can be overwhelming. This guide provides a step-by-step overview of the court process, potential penalties, and local procedures to help you navigate the legal system. Remember to consult with a DUI attorney to discuss the specifics of your case and protect your rights.

Which Court Handles DUI Cases?

In Lancaster County, the court that handles your DUI case depends on the severity and history of the offense. Standard first-offense DUIs and related traffic infractions are typically handled by the summary courts: the Lancaster County Centralized Magistrate Court or the Lancaster City Municipal Court. Cases involving second or subsequent offenses, or felony DUIs involving injury, are elevated to the Court of General Sessions.

The Lancaster County Centralized Magistrate Court is located at 761 Highway 9 Bypass E, Lancaster, SC. Court hours and contact information can be found on the Lancaster County website. You can find your court date by contacting the Clerk of Court or by (https://www.justia.com/lawyers/dui-dwi/south-carolina/lancaster-county).

The Court Process Timeline

1. Arraignment (First Appearance)

The arraignment is your first court appearance. It usually occurs within a few weeks of your arrest.

• When it happens: You will receive a notice with the date, time, and location of your arraignment.
• What to expect: The judge will inform you of the charges against you, your rights, and the potential penalties.
• Entering a plea: You will be asked to enter a plea of guilty or not guilty. It is generally advised to plead not guilty at this stage.
• Getting a court-appointed attorney: If you cannot afford an attorney, you can request a court-appointed attorney.

2. Pre-Trial Hearings

Pre-trial hearings are opportunities for your attorney to gather information about the case, negotiate with the prosecutor, and potentially reach a plea agreement.

• Discovery process: Your attorney will have the opportunity to review the evidence against you, including police reports, breathalyzer results, and witness statements.
• Plea negotiations: Your attorney may negotiate with the prosecutor to reduce the charges or penalties in exchange for a guilty plea.
• Typical plea deals in Lancaster County: Plea deals can vary depending on the circumstances of your case. According to research, because of historic judicial backlogs and traditionally low DUI conviction rates statewide, the South Carolina OHSJP funds a "Special DUI Prosecutors" program within the Sixth Circuit specifically to target impaired driving cases. This means that defendants in Lancaster County face highly specialized, grant-funded attorneys whose sole professional mandate is to secure impaired driving convictions and reduce recidivism.

3. Trial (If No Plea Deal)

If you do not reach a plea agreement, your case will proceed to trial.

• Jury vs. bench trial: You have the right to a jury trial, where a panel of citizens will decide your guilt or innocence. You can also opt for 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 to DUI charges include challenging the accuracy of the breathalyzer test, arguing that the police lacked probable cause to stop you, and presenting evidence that you were not impaired.
• Typical trial length: The length of a DUI trial can vary depending on the complexity of the case.

Penalties for DUI in Lancaster County, SC

Penalties for DUI in South Carolina are determined by state law and can vary depending on the number of prior offenses and the circumstances of the case.

First Offense

• Jail time: South Carolina law §56-5-2930 specifies that for a first offense DUI with a BAC between 0.08% and 0.16%, you could face a jail sentence ranging from 0 to 30 days.
• Fines: The fine for a first offense DUI with a BAC between 0.08% and 0.16% ranges from $400 to $1,000, plus court costs and assessments.
• License suspension: Your driver's license will be suspended for six months.
• Other requirements: You may be required to complete a Alcohol and Drug Safety Action Program (ADSAP), perform community service, and potentially install an Ignition Interlock Device (IID) in your vehicle.

Second Offense

A second DUI offense carries significantly harsher penalties under South Carolina law §56-5-2930.

• Jail time: You could face a jail sentence ranging from 5 days to 1 year.
• Fines: The fine ranges from $2,100 to $5,100, plus court costs and assessments.
• License suspension: Your driver's license will be suspended for one year.
• Other requirements: Mandatory ADSAP completion and IID installation are typically required.

Third Offense

A third DUI offense is considered a felony in South Carolina under South Carolina law §56-5-2940.

• Prison time: You could face a prison sentence ranging from 60 days to 3 years.
• Fines: The fine ranges from $3,800 to $6,300, plus court costs and assessments.
• License revocation: Your driver's license could be permanently revoked.
• Other requirements: Mandatory ADSAP completion and IID installation are required.

Court Programs in Lancaster County

• Diversion programs: South Carolina offers diversion programs for first-time offenders, which may allow you to avoid a criminal record upon successful completion of the program. Your attorney can advise you on whether you are eligible.
• Drug court: Lancaster County may have a drug court program for individuals with substance abuse issues.
• DUI court: While not explicitly mentioned in the provided research data, some jurisdictions have specialized DUI courts that focus on addressing the underlying causes of impaired driving.
• Community service opportunities: Community service may be a requirement of your sentence or a condition of probation.

What to Bring to Court

• Photo ID
• Court summons
• Any documentation related to your case
• Dress professionally: Business casual attire is generally appropriate. Avoid wearing shorts, t-shirts, or revealing clothing.

Local Court Procedures

The Lancaster County Magistrate's Office, and not the Detention Center, handles administrative bond processes, video hearings, and financial processing. The Magistrate's Office is located at 761 Highway 9 Bypass E. If coordinating a release, direct inquiries to the bond court telephone line at 803-416-9483 exactly at the 9:30 AM or 2:30 PM marks, rather than calling the main jail roster. Bail bond hearings are held exclusively twice a day, seven days a week, at exactly 9:30 AM and 2:30 PM. These hearings are conducted via video conferencing between the Lancaster County Magistrate's Office and the holding areas within the Detention Center.

Thousands of North Carolina residents traverse Lancaster County daily, so if you are an out-of-state driver arrested for DUI in South Carolina, you face a labyrinthine logistical nightmare. You must navigate a bifurcated system involving the South Carolina Department of Motor Vehicles (SCDMV) and the Office of Motor Vehicle Hearings (OMVH) to protect your driving privileges.

Frequently Asked Questions

1. How do I find out when and where my bond hearing will be held in Lancaster County? Contact the Lancaster County Magistrate's Office at 803-416-9483 and inquire about the schedule. Bond hearings are typically held via video conference at 9:30 AM and 2:30 PM daily.
2. If I am an out-of-state driver arrested for DUI in Lancaster County, will my license be suspended in my home state? South Carolina may suspend your driving privileges in South Carolina. Your home state will likely take action as well, based on the DUI conviction. Consult with an attorney in both South Carolina and your home state to understand the potential consequences.
3. What is the "Special DUI Prosecutors" program in Lancaster County, and how does it affect my case? The South Carolina OHSJP funds a "Special DUI Prosecutors" program within the Sixth Circuit (which includes Lancaster County) to target impaired driving cases. This means you will be facing a highly specialized, grant-funded attorney whose sole professional mandate is to secure a DUI conviction.

Sources

• Lancaster County Sheriff's Office
• Lancaster County Bond Court
• Lancaster County Magistrates Court
• Justia - DUI Lawyers in Lancaster County, SC
• Lancaster City Court