Pickens County DUI Court Process

Pickens County DUI Court Process

Facing a DUI charge in Pickens County, South Carolina, can be overwhelming. This guide provides a clear understanding of the court process, potential penalties, and available resources to help you navigate the legal system. Understanding each step is crucial for building a strong defense and protecting your rights.

Which Court Handles DUI Cases?

In Pickens County, DUI cases typically begin in the Pickens County Central Magistrate Court, located at 310 W. Main Street (Highway 93), Liberty, SC 29657. You can contact the court at (864) 898-5551. This court handles initial appearances and bond hearings. More serious or subsequent DUI charges may be transferred to the General Sessions Court, which is part of the Pickens County Clerk of Court system. While specific operating hours are not listed online, it's advisable to contact the Clerk of Court for information about the General Sessions court schedule. You can potentially find information about your court date through South Carolina court records.

The Court Process Timeline

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

1. Arraignment (First Appearance)

The arraignment is your first court appearance after a DUI arrest. It typically occurs within a few days of your arrest at the Pickens County Central Magistrate Court. At the arraignment, you will be formally advised of the charges against you, and the potential penalties if convicted. 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 magistrate will assess your financial situation to determine if you qualify.

2. Pre-Trial Hearings

Following the arraignment, a series of pre-trial hearings may be scheduled. These hearings serve several purposes:

• Discovery: This is the process where the prosecution and defense exchange information and evidence related to the case. This may include police reports, breathalyzer results, dashcam footage, and witness statements. South Carolina has strict statutes requiring the mandatory, uninterrupted video recording of a DUI suspect from the moment blue lights are activated through the administration of field sobriety tests and the Datamaster breathalyzer.
• Plea Negotiations: Your attorney may engage in plea negotiations with the prosecutor to potentially reduce the charges or penalties. Because Thirteenth Circuit Solicitor Walt Wilkins has publicly acknowledged severe judicial backlogs, noting that a standard DUI case takes close to a year to resolve in Pickens County, prosecutors are sometimes open to plea deals to expedite cases. Reports from Court Monitoring programs indicate that DUI conviction rates in the Upstate frequently fall below 50%, with many cases being pled down to reckless driving to circumvent administrative mandates.

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, where a panel of your peers will decide your guilt or innocence. Alternatively, you can opt for a bench trial, where the judge makes the decision.

At trial, the prosecution must prove beyond a reasonable doubt that you were driving under the influence of alcohol or drugs, in violation of SC law. Common defenses in DUI cases include challenging the accuracy of the breathalyzer test, questioning the legality of the traffic stop, or arguing that you were not impaired.

The trial length can vary depending on the complexity of the case, but most DUI trials in Pickens County last one to two days.

Penalties for DUI in Pickens County, SC

The penalties for DUI in Pickens County are determined by South Carolina state law.

First Offense

• Jail time: The potential jail time for a first offense DUI in South Carolina ranges from imprisonment for not less than 72 hours nor more than 30 days.
• Fines: Fines range 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 will be required to complete the Alcohol and Drug Safety Action Program (ADSAP) before your license can be reinstated. Effective May 19, 2024, defendants are now legally mandated to install an Ignition Interlock Device (IID) to clear DUI/DUAC and Felony DUI suspensions.

Second Offense

• Jail time: Imprisonment for not less than 30 days nor more than one year.
• Fines: Fines range 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 completion of ADSAP and installation of an IID for a longer period.

Third Offense

• A third DUI offense in South Carolina is considered a felony.
• Prison time: Imprisonment for not less than 90 days nor more than five years.
• Fines: Fines range from $3,800 to $6,300, plus court costs and assessments.
• License revocation: Your driver's license may be permanently revoked.
• Other requirements: Mandatory completion of ADSAP and extended IID requirement.

Court Programs in Pickens County

While specific details about diversion programs, drug court, or DUI court in Pickens County aren't available in the provided research, it's worth noting that Municipal Court diversion programs may be available in certain circumstances. Inquire with your attorney or the court about the possibility of participating in such programs.

What to Bring to Court

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

• Photo ID: A valid driver's license or other government-issued photo identification.
• Court summons: The official document notifying you of the date, time, and location of your court appearance.
• Any documentation: Any documents relevant to your case, such as police reports, breathalyzer results, or witness statements.
• Professional dress code: Dress in a professional and respectful manner. Avoid wearing casual clothing such as t-shirts, shorts, or flip-flops.

Local Court Procedures

Pickens County operates under intense public and media scrutiny regarding impaired driving. A lingering cultural artifact within local law enforcement stems from a 2014 scandal involving an SCHP captain who avoided criminal charges after allegedly meddling in the DUI arrest of a prominent Clemson University supporter. Officers in Pickens County are highly unlikely to offer professional courtesies, perform curbside dismissals, or deviate from standard, documented booking procedures.

Frequently Asked Questions

**1. How long will my DUI case take to resolve in Pickens County?*Due to judicial backlogs, a standard DUI case in Pickens County can take close to a year to resolve.

**2. Where do I request my Pickens County criminal record?*You can request records through the Pickens County Clerk of Court.

**3. Can I get a temporary license after a DUI arrest in Pickens County?*Upon successfully filing the $200 hearing request with the OMVH, the defendant must take the receipt to the Pickens DMV branch and pay an additional $100 fee to receive a Temporary Alcohol License (TAL). This temporary credential remains valid, allowing the defendant to drive without restriction, until the OMVH judge renders a final decision on the suspension.

Sources

• Pickens County Sheriff's Office FAQ
• Pickens County Magistrate Court
• Pickens County Clerk of Court
• Pickens County Clerk of Court - General Sessions
• South Carolina Law Enforcement Division (SLED) Crime in South Carolina Reports
• South Carolina DMV License Reinstatement
• City of Pickens Municipal Court
• Office of Motor Vehicle Hearings (OMVH)
• Pickens County Central Magistrate Court
• Behavioral Health Services (BHS) of Pickens County