Lancaster County Court Process

Lancaster County DUI Court Process

Being arrested for DUI in Lancaster County, South Carolina can be a frightening experience. Understanding the court process is crucial to navigating this challenging situation. This guide provides a comprehensive overview of what to expect, from your initial arraignment to potential trial and penalties. We aim to provide you with the information you need to make informed decisions about your case. This information is for guidance only, and you should always consult with a qualified Lancaster County DUI attorney for legal advice specific to your situation.

Which Court Handles DUI Cases?

In Lancaster County, DUI cases are typically handled by the Lancaster County Criminal Court. This court is responsible for hearing misdemeanor and felony cases, including driving under the influence charges.

Unfortunately, specific courthouse data, including address, hours, and contact information, is unavailable at this time. However, you can typically find this information by:

• Searching the Lancaster County Government website: Look for the Clerk of Court or Judicial Department section.
• Calling the Lancaster County Government: Contact the main county switchboard and ask to be directed to the Clerk of Court's office.
• Consulting with a local attorney: A DUI attorney will know the specific location and contact information for the relevant court.

Finding Your Court Date:

Your court summons, which you should have received at the time of your arrest, will contain the date, time, and location of your first court appearance. If you've misplaced your summons, contact the Clerk of Court's office as described above to retrieve this information. Providing your name and date of birth should allow them to locate your case.

The Court Process Timeline

The DUI court process in Lancaster County, like most jurisdictions, follows a general timeline. Understanding these stages can help you prepare and know what to expect.

1. Arraignment (First Appearance)

• When it happens: Your arraignment is typically scheduled within a few weeks of your arrest. The exact timing will be indicated on your summons.

• What to expect: At the arraignment, the judge will formally read the charges against you. This is your first opportunity to appear before the court. The judge will verify your identity and advise you of your rights, including your right to an attorney.

• Entering a plea: You will be asked to enter a plea. Common options include:

• Guilty: This means you admit to the charges.

• Not Guilty: This means you deny the charges, and the case will proceed.

• No Contest (Nolo Contendere): This means you do not admit guilt, but you also do not contest the charges. The court can then find you guilty. This plea is often treated similarly to a guilty plea for sentencing purposes, but it may offer some protection in civil lawsuits.

• Getting a court-appointed attorney: If you cannot afford an attorney, you have the right to request a court-appointed attorney. The judge will assess your financial situation to determine if you qualify. It is highly recommended to seek legal representation as soon as possible.

2. Pre-Trial Hearings

• Discovery process: This is a crucial phase where your attorney will gather evidence related to your case. This includes police reports, breathalyzer or blood test results, video footage (if available), and witness statements. Your attorney will use this information to build your defense.

• Plea negotiations: Following the discovery phase, your attorney may engage in plea negotiations with the prosecutor. The goal is to reach an agreement that reduces the charges or penalties you face. This could involve pleading guilty to a lesser offense, such as reckless driving, in exchange for a reduced sentence.

• Typical plea deals in Lancaster County: While specific plea deals vary based on the circumstances of each case, common considerations include your BAC level, prior criminal record, and any aggravating factors (e.g., an accident, child in the car). It's impossible to guarantee any specific outcome, but a skilled attorney can assess your case and advise you on the likelihood of a favorable plea bargain.

3. Trial (If No Plea Deal)

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

• Jury vs. Bench trial: You have the right to a jury trial, where a panel of your peers will decide your guilt or innocence. You can also choose a bench trial, where the judge makes the decision. Your attorney can advise you on which option is best for your case.

• What prosecution must prove: The prosecution must prove beyond a reasonable doubt that you were driving under the influence of alcohol or drugs. This includes proving that you were operating a vehicle and that your BAC was 0.08% or higher, or that you were noticeably impaired.

• Common defenses: Common DUI defenses include challenging the accuracy of the breathalyzer or blood test, arguing that the police lacked probable cause to stop you, or demonstrating that your impairment was not caused by alcohol or drugs.

• Typical trial length: The length of a DUI trial can vary depending on the complexity of the case. Most trials in Lancaster County, SC, last between one and three days.

Penalties for DUI in Lancaster County, SC

South Carolina DUI penalties are determined by several factors, including prior offenses and BAC level.

First Offense

• Jail time: Varies by BAC, but can range from a fine only to up to 90 days in jail.
• Fines: Varies by BAC, but can range from approximately $400 to over $1,000 plus court costs and assessments.
• License suspension: 6 months
• Other requirements: Alcohol and Drug Safety Action Program (ADSAP), potential community service, and increased insurance rates.

Second Offense

Penalties for a second DUI conviction within 10 years are significantly harsher.

• Jail time: 30 days to 1 year
• Fines: $2,500 - $6,300 plus court costs and assessments.
• License suspension: 1 year
• Other requirements: ADSAP, potential community service, and SR-22 insurance requirement.

Third Offense

A third DUI conviction in South Carolina is a very serious offense.

• Jail time: 90 days to 3 years
• Fines: $3,800 - $10,000 plus court costs and assessments.
• License suspension: 2 years
• Other requirements: ADSAP, potential community service, and SR-22 insurance requirement.

Important Note: These are general guidelines, and the specific penalties you face will depend on the specific facts of your case and the judge's discretion.

Court Programs in Lancaster County

• Diversion programs: It's crucial to inquire with your attorney about the availability of diversion programs. These programs, if available, may allow you to avoid a conviction altogether by completing certain requirements such as alcohol education and community service. Completion of the program can lead to the charges being dismissed. However, availability and eligibility depend on the specific facts of your case and the prosecutor's discretion.

• Drug Court/DUI Court: Lancaster County may have specialized courts that focus on substance abuse treatment and rehabilitation. These courts offer a structured program that includes regular drug testing, counseling, and court appearances. Successful completion of the program can result in reduced penalties.

• Community service opportunities: Community service is often a component of DUI sentences. Your attorney can help you find approved community service organizations in Lancaster County.

What to Bring to Court

• Photo ID: Driver's license or other government-issued photo identification.
• Court summons: The official document notifying you of your court date and time.
• Any documentation: Any documents relevant to your case, such as proof of insurance, vehicle registration, or character reference letters.
• Professional dress code: Dress professionally and respectfully. Avoid wearing shorts, t-shirts, or revealing clothing.

Local Court Procedures

Unfortunately, specific local court procedures for Lancaster County are not available at this time. It's best to consult with a local DUI attorney to understand any specific nuances or programs unique to the Lancaster County court system.

This guide is intended to provide general information and should not be considered legal advice. If you have been arrested for DUI in Lancaster County, South Carolina, it is essential to contact a qualified DUI attorney as soon as possible to protect your rights and explore your legal options.