Union County DUI Court Process

Your DUI Case in Union County Court

Facing a DUI charge in Union County, South Carolina, can be an overwhelming experience. Understanding the court process is crucial to navigating the legal system effectively. This guide provides a comprehensive overview of what to expect, from initial appearances to potential penalties, and resources available to you.

Which Court Handles DUI Cases?

In Union County, misdemeanor DUI offenses, including first and second offenses without serious injury, are handled by the Union County Magistrate Court. Felony DUI cases, involving great bodily injury or death, are elevated to the General Sessions Court and prosecuted by the Sixteenth Judicial Circuit Solicitor's Office.

The Union County Magistrate Court is located at 210 West Main Street, Union, SC 29379. The Magistrate Office can be reached at (864) 429-1648, and the Clerk of Court at (864) 429-1630. Filing hours are Monday through Friday, 9:00 AM to 5:00 PM.

To find your court date, you can use the South Carolina Judicial Branch Public Index.

The Court Process Timeline

1. Arraignment (First Appearance)

The arraignment is your first appearance in court. It typically occurs within a few 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. The judge will also review the circumstances of your arrest and determine if there was probable cause for the stop.

Entering a Plea: You will be asked to enter a plea of guilty, not guilty, or nolo contendere (no contest). If you plead not guilty, your case will proceed to pre-trial hearings.

Getting a Court-Appointed Attorney: If you cannot afford an attorney, you can request a court-appointed attorney. The judge will assess your financial situation to determine if you qualify.

2. Pre-Trial Hearings

Pre-trial hearings are opportunities for your attorney to gather information about the case, negotiate with the prosecution, and potentially resolve the case without going to trial.

Discovery Process: During discovery, your attorney can request evidence from the prosecution, including police reports, breathalyzer results, and witness statements.

Plea Negotiations: Your attorney may engage in plea negotiations with the prosecuting attorney. The goal is to reach an agreement where you plead guilty to a lesser charge or receive a reduced sentence.

Typical Plea Deals in Union County: While specific plea deals vary based on the facts of each case, it's possible to have the DUI charge reduced to reckless driving, particularly for first-time offenders with low BAC levels and no aggravating circumstances. However, South Carolina law prohibits traditional Pre-Trial Intervention (PTI) for DUI offenses unless the charge is first reduced.

3. Trial (If No Plea Deal)

If you do not accept a plea deal, your case will proceed to trial.

Jury vs. Bench Trial: You have the right to a jury trial, where a panel of citizens decides 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. This typically involves presenting evidence of your driving behavior, field sobriety test results, and blood alcohol content (BAC).

Common Defenses: Common defenses to DUI charges include challenging the validity of the traffic stop, questioning the accuracy of the breathalyzer test, and arguing that you were not impaired.

Typical Trial Length: DUI trials can last from one to several days, depending on the complexity of the case.

Penalties for DUI in Union County, SC

The penalties for DUI in South Carolina are outlined in state law and can vary depending on the number of prior offenses and other factors.

First Offense

• Jail Time: South Carolina law § 56-5-2930 specifies a jail sentence ranging from no jail time up to 90 days.
• Fines: Fines range from $400 to $1,000, as stipulated by South Carolina law § 56-5-2930.
• License Suspension: A license suspension of six months is mandated under South Carolina law § 56-5-2930.
• Other Requirements: You will be required to complete the Alcohol and Drug Safety Action Program (ADSAP). An Ignition Interlock Device (IID) may also be required, especially with a BAC of .15 or higher.

Second Offense

For a second DUI offense within 10 years, the penalties increase significantly:

• Jail Time: South Carolina law dictates a jail sentence between 5 days and 1 year.
• Fines: Fines range from $2,100 to $5,100.
• License Suspension: A license suspension of one year.
• Other Requirements: Mandatory ADSAP completion and IID installation.

Third Offense

A third DUI offense is a felony in South Carolina:

• Prison Time: South Carolina law mandates a prison sentence between 60 days and 3 years.
• Fines: Fines range from $3,800 to $7,500.
• License Revocation: Possible permanent revocation of your driver's license.
• Other Requirements: Mandatory ADSAP completion and IID installation.

Court Programs in Union County

• Diversion Programs: While traditional PTI is generally unavailable for DUI charges, the Sixteenth Circuit Solicitor's Office offers Alcohol Education Programs (AEP). Eligibility is contingent on the prosecuting authority reducing the DUI charge to a lesser offense, such as reckless driving.
• DUI Court: The Sixteenth Judicial Circuit, which includes Union County, operates a Centralized DUI Court. This specialized docket focuses on DUI and Driving with an Unlawful Alcohol Concentration (DUAC) charges, ensuring specialized oversight of impaired driving cases.
• SOBER Court: There is no SOber Court available locally within the Union County Magistrate system.

What to Bring to Court

• Photo ID
• Court summons
• Any documentation relevant to your case (e.g., vehicle registration, insurance information)
• Dress code: Business casual attire is required. Shorts, tank tops, ripped denim, and hats are prohibited.

Local Court Procedures

The Union County Magistrate Court has specific procedures you should be aware of:

• Security: Be prepared to go through weapons screening upon entering the courthouse. Arrive 30-45 minutes early to allow time for this process.
• Phone Policy: All cell phones, smartwatches, and electronic devices must be completely turned off before entering the courtroom. Violators may have their devices confiscated and face contempt of court charges.
• "Officer-Prosecutor" Dynamic: In Union County Magistrate Court, the arresting officer often acts as the prosecuting attorney during bench trials. This means the officer will present the state's case and examine witnesses.

Frequently Asked Questions

1How long will I be held at the Union County Detention Center after posting bail? The average processing time from posting bail to release at the Union County Detention Center is one to four hours, depending on facility activity, lockdowns, and shift changes.

2What is the typical bail amount for a first-offense DUI in Union County? The standard bail for a first-offense DUI in Union County typically ranges from $400 to $1,000.

3What is the best way to communicate with someone incarcerated at the Union County Detention Center? The Union County Detention Center uses the CIDNET digital communications system for inmate telephone calls and video visitations. You'll need to create a funded account on the CIDNET online portal (customer.cidnet.net) to communicate with the defendant.

Sources

• Union County Association of Counties
• Union County Clerk of Court
• South Carolina Judicial Branch Public Index
• Union County Detention Center
• Alcohol Education Program