Union County Court Process

Union County DUI Court Process: A Step-by-Step Guide

Being arrested for a DUI in Union County, South Carolina, can be a frightening and confusing experience. Knowing what to expect in court is crucial to navigating the legal process and protecting your rights. This guide provides a comprehensive overview of the Union County DUI court process, from arraignment to potential trial, and outlines the penalties you might face. Remember, this information is for educational purposes only and should not substitute advice from a qualified South Carolina DUI attorney. Contacting an attorney immediately is highly recommended.

Which Court Handles DUI Cases in Union County?

DUI cases in Union County, SC, are typically handled by the Union County Summary Court. This court handles misdemeanor offenses, including first and second offense DUI charges. More serious or felony DUI charges might be handled in the Union County General Sessions Court.

• Union County Summary Court Location: Information for the specific location and address of the Union County Summary Court is not readily available publicly. It is recommended that you check the Union County official website or contact the clerk of court directly to confirm the precise location.
• Union County General Sessions Court Location: Information for the specific location and address of the Union County General Sessions Court is not readily available publicly. It is recommended that you check the Union County official website or contact the clerk of court directly to confirm the precise location.
• Court Hours: Court hours vary. Check the Union County official website or contact the clerk of court for specific hours of operation.
• Finding Your Court Date: Your court date will be listed on the paperwork you received at the time of your arrest. If you've misplaced this paperwork, you can usually contact the Union County Clerk of Court to inquire about your court date and time. You will likely need your name, date of birth, and potentially your arrest date or ticket number.

The Court Process Timeline

The DUI court process in Union County, like in most jurisdictions, follows a general timeline:

1. Arraignment (First Appearance)

• When it Happens: The arraignment is typically the first court appearance after your DUI arrest. It usually occurs within a few weeks of the arrest, but the exact timeframe varies. Check your paperwork for the specific date and time.
• What to Expect: At the arraignment, the judge will inform you of the charges against you, your rights, and the potential penalties you face. This is a formal reading of the charges. You will be asked if you understand the charges.
• Entering a Plea: At the arraignment, you will be asked to enter a plea. Possible pleas include:
• Guilty: Admitting to the charges.
• Not Guilty: Denying the charges and requiring the prosecution to prove your guilt beyond a reasonable doubt.
• Nolo Contendere (No Contest): Not admitting guilt, but acknowledging that the prosecution has enough evidence to convict you. This plea is treated like a guilty plea for sentencing purposes but cannot be used against you in civil court.
• Getting a Court-Appointed Attorney: If you cannot afford an attorney, you can request a court-appointed attorney at the 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 both the prosecution and the defense gather information and evidence related to the case. The prosecution is required to provide you (or your attorney) with evidence they intend to use against you, such as police reports, breathalyzer results, and witness statements.
• Plea Negotiations: During pre-trial hearings, your attorney (if you have one) will engage in plea negotiations with the prosecutor. The goal is to reach a plea agreement that is favorable to you, such as reduced charges or a lighter sentence.
• Typical Plea Deals in Union County: Plea deals can vary significantly depending on the circumstances of your case, including your BAC level, any prior DUI offenses, and whether there were any aggravating factors (e.g., an accident, injuries). Common plea deals might involve pleading guilty to a lesser charge, such as reckless driving, in exchange for a reduced sentence.

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 decides your guilt or innocence. Alternatively, you can waive your right to a jury trial and have a bench trial, where the judge decides the case.
• What the Prosecution Must Prove: In a DUI trial, the prosecution must prove beyond a reasonable doubt that you were:
• Driving or in actual physical control of a vehicle.
• While under the influence of alcohol or drugs.
• With a BAC of 0.08% or higher, or that your ability to drive was materially and appreciably 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.
• Presenting evidence that you were not impaired at the time of driving.
• Demonstrating errors in the police investigation.
• Typical Trial Length: DUI trials can vary in length, but typically last from one to three days, depending on the complexity of the case.

Penalties for DUI in Union County, SC

The penalties for DUI in Union County, SC, are determined by state law. Here's a general overview:

First Offense

• Jail Time: Up to 30 days. The judge has discretion in determining the jail sentence, if any.
• Fines: Typically ranging from $400 to $1,000 plus court costs and assessments.
• License Suspension: Typically 6 months. You may be eligible for a temporary restricted license after a waiting period.
• Other Requirements:
• Alcohol and Drug Safety Action Program (ADSAP): Required attendance and completion.
• Community Service: Judge may order community service in lieu of, or in addition to, jail time.
• Ignition Interlock Device (IID): An IID may be required, especially if your BAC was significantly above the legal limit.

Second Offense

Penalties for a second DUI offense are significantly harsher:

• Jail Time: 5 days to 1 year.
• Fines: Typically ranging from $2,100 to $5,100 plus court costs and assessments.
• License Suspension: 1 year. You may be eligible for a restricted license after a waiting period.
• Other Requirements: ADSAP, potential IID requirement, and increased scrutiny.

Third Offense

A third DUI offense in South Carolina is often charged as a felony:

• Jail Time: 60 days to 3 years.
• Fines: Typically ranging from $3,800 to $6,300 plus court costs and assessments.
• License Suspension: Permanent revocation. You may be eligible to apply for reinstatement after a period of years.
• Other Requirements: Mandatory ADSAP and potential IID requirement.

Court Programs in Union County

While specific program availability can change, Union County may offer programs aimed at reducing recidivism and addressing substance abuse issues:

• Diversion Programs: These programs may be available for first-time offenders with low BAC levels and no aggravating circumstances. Successful completion of the program can result in the charges being dismissed or reduced. Check with your attorney or the prosecutor's office to see if you are eligible.
• Drug Court: This specialized court program targets individuals with substance abuse issues. It typically involves intensive supervision, drug testing, and treatment. Completion of drug court can result in reduced charges or sentences.
• DUI Court: Similar to drug court, DUI court focuses specifically on individuals with repeat DUI offenses.
• Community Service Opportunities: The court may offer opportunities to perform community service in lieu of or in addition to jail time or fines.

What to Bring to Court

• Photo ID: Driver's license, passport, 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 police reports, vehicle registration, or insurance information. If you've completed any alcohol education courses, bring proof of completion.
• Professional Dress Code: Dress professionally and respectfully. Avoid wearing casual clothing like shorts, t-shirts, or flip-flops. Business attire is recommended.

Local Court Procedures

As a tier 3 county, Union County's specific procedures might vary slightly from larger jurisdictions. It's important to consult with a local attorney who is familiar with the nuances of the Union County court system. For example, the procedures for obtaining a temporary restricted license or the specific requirements of the ADSAP program might have local variations. Check with your lawyer for specific information. Contact the Union County Clerk of Court for the most up-to-date information on local rules and procedures.

Disclaimer: This guide provides general information about the DUI court process in Union County, South Carolina. It is not intended as legal advice, and you should consult with a qualified South Carolina DUI attorney to discuss the specific facts of your case. The law is constantly evolving, and the information presented here may not be current. DUI.Guide and its affiliates are not responsible for any actions taken based on this information.