Lee County DUI Court Process

Lee County DUI Court Process

If you've been arrested for driving under the influence (DUI) in Lee County, South Carolina, understanding the court process is crucial. This guide provides a step-by-step overview of what to expect, from your initial appearance to potential penalties and available court programs. Navigating the legal system can be overwhelming, but knowing the process can help you make informed decisions about your case.

Which Court Handles DUI Cases?

In Lee County, standard first-offense DUI cases are typically handled by the Lee County Magistrate Court (Summary Court). Felony DUIs, DUIs involving great bodily injury, and subsequent repeat offenses are elevated to the jurisdiction of the General Sessions Court.

The Lee County Magistrate Court is located at 115 Gregg Street, PO Box 2, Bishopville, SC 29010. The Clerk's phone number is 803-484-6463 (Select Option 1 for Traffic). Filing hours are Monday – Friday, 9:00 AM – 5:00 PM, excluding state and county holidays.

To find your court date, you can use the South Carolina court case search.

The Court Process Timeline

The DUI court process in Lee County involves several stages, each with specific requirements and potential outcomes.

1. Arraignment (First Appearance)

The arraignment is your first appearance in court after a DUI arrest.

• When it happens: Typically, the arraignment occurs within a few days or weeks of your arrest.
• What to expect: At the arraignment, you will be formally advised of the charges against you, and the potential penalties you face.
• Entering a plea: You will be asked to enter a plea of guilty, not guilty, or no contest. It is generally advisable to plead not guilty at this stage, regardless of the circumstances, to allow time to review the evidence and explore your options.
• 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

Pre-trial hearings are meetings between the prosecution and the defense to discuss the case and attempt to reach a resolution.

• Discovery process: During this phase, your attorney will have the opportunity to review the evidence against you, including police reports, breathalyzer results, and witness statements. This is known as the "discovery" process.
• Plea negotiations: Your attorney may engage in plea negotiations with the prosecutor to try to reach a plea agreement. This could involve pleading guilty to a lesser charge, such as reckless driving, in exchange for a reduced sentence.
• Typical plea deals in Lee County: Specific plea deals vary depending on the facts of each case, but could include reduced charges, fines, or community service.

3. Trial (If No Plea Deal)

If a plea agreement cannot be reached, your case will proceed to trial.

• Jury vs. bench trial: You have the right to choose between a jury trial, where a panel of citizens decides your guilt or innocence, or a bench trial, where the judge 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.
• Common defenses: Common defenses to DUI charges include challenging the accuracy of the breathalyzer test, questioning the legality of the traffic stop, or arguing that you were not impaired.
• Typical trial length: The length of a DUI trial can vary, but it typically lasts one to three days.

Penalties for DUI in Lee County, SC

The penalties for DUI in South Carolina, including Lee County, vary depending on the number of prior offenses and the circumstances of the case.

First Offense

• Jail time: South Carolina law dictates a potential jail sentence ranging from no jail time to 30 days, depending on the Blood Alcohol Content (BAC).
• Fines: Fines range from $400 to $1,000, also depending on the BAC.
• License suspension: A first DUI offense carries a license suspension of six months.
• Other requirements: You may also be required to complete the Alcohol and Drug Safety Action Program (ADSAP) and potentially install an Ignition Interlock Device (IID).

Second Offense

A second DUI offense in South Carolina carries more severe penalties:

• Increased jail time.
• Higher fines.
• A longer license suspension.
• Mandatory Ignition Interlock Device (IID) installation.

Third Offense

A third DUI offense in South Carolina is a felony and carries significant consequences:

• Substantial prison time.
• Significant fines.
• Potential permanent revocation of your driver's license.

Court Programs in Lee County

• Diversion/Pre-Trial Intervention (PTI): South Carolina offers a Pre-Trial Intervention (PTI) program for first-time, non-violent offenders. However, traditional DUI charges are statutorily excluded from PTI across the state of South Carolina. PTI is only a viable option if the defense attorney successfully negotiates the DUI charge down to a lesser, eligible offense (such as reckless driving). There is a $100 application fee and a $250 participation fee upon acceptance.
• DUI/Drug Court Program: The Third Judicial Circuit (which encompasses Lee County) offers various diversion programs. However, highly specific DUI Treatment Court Programs are largely localized to adjacent circuits. Defendants in Lee County must petition the Third Circuit Solicitor's Office to determine specific regional eligibility.
• SOBER Court: There is no dedicated standalone SOBER court solely within Lee County parameters.

What to Bring to Court

When attending court in Lee County for a DUI charge, it's essential to be prepared. Here's a list of items to bring:

• Photo ID
• Court summons
• Any documentation related to your case
• Professional dress code

Local Court Procedures

The Lee County Magistrate Court enforces a strict payment policy regarding court fines and fees. Personal checks and business checks are not accepted. Defendants appearing in person must bring exact cash or a money order. The court does accept credit card payments if the person physically appears at the clerk's window. Alternatively, online payments for traffic and criminal fines can be processed via the state portal (www.sc.gov). Cash should never be sent through the mail, and telephone payments are strictly prohibited.

The administrative structure of Lee County's judicial system can cause confusion. While the Magistrate Court handles the initial first-offense DUI, the overall Clerk of Court for Lee County manages the records for General Sessions (felony court) and Family Court. The main Clerk of Court is located at 123 South Main Street, Bishopville. Defendants dealing with a standard first-offense DUI must ensure they report to and file their documents with the Magistrate Court at 115 Gregg Street, not the Main Street office.

The Lee County Magistrate Court maintains strict public health and security protocols. Masks are strictly required for anyone attending hearings (including traffic court and jury trials) inside the Magistrate Court Room, and visitors may be subjected to temperature checks prior to entry.

South Carolina's allowance for arresting officers to prosecute their own cases in summary court is a characteristic of Magistrate Court litigation.

Frequently Asked Questions

Q: Where will I be taken after a DUI arrest in Lee County? A: You will likely be taken to the Sumter-Lee Regional Detention Center at 1250 Winkles Road, Sumter, SC 29153.

Q: What payment methods are accepted at the Lee County Magistrate Court? A: The court accepts exact cash, money orders, and credit card payments if you appear in person at the clerk's window. Personal and business checks are not accepted.

Q: Where do I file paperwork for a first-offense DUI in Lee County? A: You must file your documents with the Lee County Magistrate Court at 115 Gregg Street, Bishopville, not the main Clerk of Court office on Main Street.

Sources

• Magistrate Office - Welcome to Lee County
• Lee County Magistrate Court, South Carolina - Ballotpedia
• Clerk of Court/Family Court - Welcome to Lee County
• Lee County Teresa A. Brown,Clerk of Court
• SC Jails & Courts: Directions & Locations - Strom Law Firm
• JAIL View - Sumter County Sheriff's Office
• SOUTH CAROLINA COUNTY PROFILES OF ALCOHOL AND OTHER DRUG USE
• SOUTH CAROLINA COUNTY PROFILES OF ALCOHOL AND OTHER DRUG USE
• Diversion/Intervention Programs - SC Prosecutors - South Carolina
• South Carolina DUI Offenses and Penalties - Lovely Law Firm ⚖️
• DUI Charges in SC: Fines, Penalties, and Prison - Farley Law
• ADSAP Brochure 8_05 - South Carolina DAODAS
• ADSAP Services - Ernest E. Kennedy Center
• Alcohol & Drug Safety Action Program | ADSAP | DUI Program - Phoenix Center
• South Carolina court case search