Lexington County Court Process

Lexington County DUI Court Process

Your DUI Case in Lexington County Court

Being arrested for DUI in Lexington County, South Carolina can be a frightening and confusing experience. Knowing what to expect in court can significantly reduce your anxiety and help you make informed decisions about your case. This guide provides a comprehensive overview of the Lexington County DUI court process, from your initial arraignment to potential trial and sentencing. Remember, this information is for educational purposes only and should not be substituted for legal advice from a qualified Lexington County DUI attorney.

Which Court Handles DUI Cases?

In Lexington County, DUI cases are typically handled by the Lexington County Criminal Court. This court is responsible for adjudicating misdemeanor criminal offenses, including DUI.

• Court Location(s): While specific courthouse addresses can vary depending on the division, the main Lexington County Judicial Center is located in downtown Lexington. We will update this section with specific addresses and contact information as it becomes available. In the meantime, you can often find this information on the Lexington County government website.
• Court Hours: Court hours generally follow regular business hours, typically Monday through Friday, 8:30 AM to 5:00 PM. However, court schedules can vary, so it's crucial to confirm your specific hearing time with the court clerk or your attorney.
• How to Find Your Court Date: Your court date should be listed on the paperwork you received at the time of your arrest. If you've lost the paperwork or are unsure of your court date, you can contact the Lexington County Clerk of Court. You may also be able to search for your case online using the Lexington County court records system.

The Court Process Timeline

The DUI court process in Lexington County generally follows this timeline:

1. Arraignment (First Appearance)

• When it Happens: The arraignment is your first appearance in court and typically occurs within a few weeks of your arrest. You will receive a notice in the mail informing you of the date, time, and location of your arraignment.
• What to Expect: At the arraignment, the judge will inform you of the charges against you, explain your rights, and ask you how you plead. It's a formal setting, so dress appropriately (see "What to Bring to Court" section below).
• Entering a Plea: You will be asked to enter a plea of "guilty," "not guilty," or "no contest." Pleading "not guilty" allows you to fight the charges and explore your legal options. Pleading "guilty" or "no contest" means you are accepting responsibility for the DUI and will be sentenced accordingly. It is strongly advised to consult with an attorney before entering any plea.
• Getting a Court-Appointed Attorney: If you cannot afford an attorney, you can request a court-appointed attorney at your arraignment. The judge will assess your financial situation to determine if you qualify for a public defender.

2. Pre-Trial Hearings

• Discovery Process: This is the period where your attorney (or you, if you represent yourself) can request information from the prosecution, such as police reports, breathalyzer results, and witness statements. This information is crucial for building a defense.
• Plea Negotiations: Your attorney will engage in plea negotiations with the prosecutor to try to reach an agreement that is favorable to you. This might involve pleading guilty to a lesser charge or receiving a reduced sentence.
• Typical Plea Deals in Lexington County: While every case is unique, some common plea deals in Lexington County DUI cases might involve reduced charges (e.g., reckless driving) or reduced sentences in exchange for pleading guilty. However, the availability and terms of plea deals depend on the specific circumstances of your case, including your BAC level, prior criminal record, and any aggravating factors.

3. Trial (If No Plea Deal)

• Jury vs. Bench Trial: You have the right to a trial by jury, 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. The best option depends on the specifics of your case and is something to discuss with your attorney.
• What Prosecution Must Prove: The prosecution must prove beyond a reasonable doubt that you were driving a vehicle while under the influence of alcohol or drugs, and that your blood alcohol content (BAC) was 0.08% or higher. They will present evidence such as police testimony, breathalyzer results, and field sobriety test results.
• Common Defenses: Common defenses in DUI cases include challenging the accuracy of the breathalyzer test, arguing that the police did not have probable cause to stop you, or demonstrating that your driving was not impaired.
• Typical Trial Length: The length of a DUI trial can vary, but most trials in Lexington County last between one and three days.

Penalties for DUI in Lexington County, SC

South Carolina DUI penalties are serious and can have long-lasting consequences.

First Offense

• Jail time: Can range from no jail time up to 90 days, depending on BAC level and other factors.
• Fines: Can range from $400 to $1,000, plus court costs and assessments.
• License suspension: 6 months suspension.
• Other requirements: Alcohol and Drug Safety Action Program (ADSAP), potential Ignition Interlock Device (IID) requirement.

Second Offense

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

• Jail time: 5 days to 1 year
• Fines: $2,100 to $5,100
• License suspension: 1 year

Third Offense

A third DUI conviction in South Carolina is a felony.

• Jail time: 60 days to 3 years
• Fines: $3,800 to $6,300
• License suspension: Permanent (with potential for reinstatement after 5 years under specific conditions)

Court Programs in Lexington County

• Diversion Programs: While specific diversion programs for DUI cases may vary in availability, some options may exist for first-time offenders with low BAC levels. These programs often involve alcohol education, community service, and regular check-ins with a probation officer. Successful completion of a diversion program may result in the charges being dismissed. Check with your attorney to see if you qualify.
• Drug Court: Lexington County may have a Drug Court program for individuals struggling with substance abuse. While not specifically for DUI, it could be relevant if substance abuse is a contributing factor to your DUI.
• DUI Court: Some jurisdictions have specialized DUI courts that focus on rehabilitation and treatment for repeat offenders. Check with your attorney to see if this is an option in Lexington County.
• Community Service Opportunities: Community service is often a component of DUI sentencing. Your attorney can help you identify approved community service organizations in Lexington County.

What to Bring to Court

• Photo ID: Driver's license or other government-issued photo identification.
• Court Summons: The official notice you received informing you of your court date.
• Any Documentation: Any relevant documents related to your case, such as police reports, breathalyzer results, or character references.
• Professional Dress Code: Dress professionally and respectfully. Avoid wearing jeans, t-shirts, shorts, or revealing clothing. Business attire is recommended.

Local Court Procedures

We are actively gathering information on specific local court procedures in Lexington County. As soon as we have verified details about any unique practices or programs within the Lexington County Criminal Court, we will update this section. Please check back regularly for updates. Your attorney will also be your best resource for navigating local court procedures.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. It is essential to consult with a qualified DUI attorney in Lexington County, South Carolina, to discuss your specific situation and legal options.