Things start to happen quickly when you get arrested for driving under the influence (DUI) in South Carolina. Not only will you have a court date scheduled promptly, but you may also need to attend a separate hearing to protect your driver’s license, and having an arrest on your record can impact your life in other ways.
With this in mind, it is essential to understand the next steps in your DUI case. It is also necessary to understand what will happen if you get convicted—and what you can (and should) do to protect yourself. Keep reading to find out what happens when you get a DUI in SC:
The Next Steps in Your DUI Case
First, we’ll cover the next steps in your DUI case. While there are many steps involved that require experienced legal representation, the significant steps in the process are:
Arraignment
After a DUI arrest in South Carolina, your first appearance in court will be your arraignment. This is where the judge will read the charge (or charges) against you and ask you to enter a plea of guilty, not guilty, or no contest.
Your arraignment may include a bond hearing if you were taken into custody during your DUI stop. During this portion of your arraignment, the judge will decide whether you should be released on bond (or, if you have already been released on bond, whether your bond should remain in place).
Administrative Hearing
Separate from your DUI case, you may also need to attend an administrative hearing. If your driver’s license was suspended because you refused to provide a blood alcohol concentration (BAC) sample or because your BAC was 0.15% or above, requesting an administrative hearing is the only way to get your driver’s license back in the short term.
You must request an administrative hearing within 30 days of your arrest. To restore your driving privileges, you will need to be able to demonstrate that either (i) you did not violate South Carolina’s “implied consent” law; (ii) the police did not comply with the “implied consent” law; or, (iii) your DUI arrest was unlawful.
Plea Deal Negotiations
The next step after an arraignment is often to enter plea deal negotiations. If you are likely to face a DUI conviction at trial, then seeking a plea deal is your best option. Your DUI lawyer will be able to help you determine if this is the case, and if so, your lawyer will be able to negotiate with the prosecutor’s office on your behalf.
Discovery and Pre-Trial Motions
Regardless of whether you seek a plea deal, you will also need to begin preparing for the possibility of trial. While many SC DUI cases end with plea deals, there is no guarantee that prosecutors will make an offer you are willing to accept. Preparing for trial involves taking discovery and filing various pre-trial motions, both requiring experienced legal representation.
Your DUI Trial
If fighting your DUI in court is your best option, then the final step (subject to any appeals) will be to appear at your DUI trial. During your trial, the prosecution will present its case first, and then your DUI lawyer will present your defense.
Prosecutors can use various forms of evidence to prove DUI charges in South Carolina, and your lawyer may be able to use multiple forms of evidence in your defense as well. The judge or jury will decide at the end of your trial (depending on whether you accepted a bench trial or requested a jury trial). If you get convicted, the judge will then impose a sentence. If you are found not guilty, you will be free to leave.
What Happens if You Get Convicted
Let’s say you were to get convicted of DUI at trial. What penalties could you face?
The penalties for a DUI vary depending on three main factors: (i) your BAC at the time of your arrest (if you provided a sample), (ii) whether you have a prior record, and (iii) whether your case involves any aggravating factors. If you were charged with an “implied consent” violation, open container violation, or any other offense, you could also face additional penalties for these charges.
Along with fines, jail time, and other judicial penalties, a DUI conviction in SC can have various other consequences. These include financial, education, employment-related, and housing consequences. In many cases, the collateral costs of a DUI conviction can far exceed the fees you face in court—and this is one of the most important reasons why you need an experienced DUI lawyer on your side.
What You Can (and Should) Do to Protect Yourself
Given everything we’ve discussed, what can (and should) you do to protect yourself after a DUI arrest in SC? As we just mentioned, you need an experienced DUI lawyer. You do not want to try to handle your case alone—the risks simply aren’t worth it.
When you hire an experienced DUI lawyer to represent you, your lawyer will work closely with you to evaluate all potential defenses and assess your options. If this is your first DUI, this may include assessing your eligibility for pre-trial diversion. In any case, your DUI lawyer will help protect you by all means available, and at the end of your case, you can feel confident that you made the right decisions for you and your family.
Schedule a Free Consultation with a Rock Hill, SC DUI Lawyer Today
Are you facing a DUI in SC? If so, we encourage you to contact us promptly for a free, no-obligation consultation. To discuss your situation with an experienced Rock Hill, SC, DUI lawyer in confidence as soon as possible, call 803-328-8822 or tell us how we can help online now.