What Happens After a DUI Arrest?

Were you arrested and charged with a DUI under South Carolina law (SC Code § 56-5-2930)? Your rights, freedom, and future could be on the line. It is imperative that you take a proactive approach. Knowing what happens in the immediate aftermath of a DUI arrest can make a big difference. At the Law Office of Jonathan M. Harvey, we defend DUI cases. Here, our Columbia DUI defense lawyer explains what happens after a drunk driving arrest in South Carolina.

Initial Detention and Chemical Testing (Breath, Blood, or Urine)

Detention comes first. After a DUI arrest in South Carolina, the officer will typically conduct a chemical test to measure your blood alcohol concentration (BAC). It may involve a breathalyzer at the scene or a blood or urine test at the station.

Note: Our state has an implied consent law. Refusing a test can lead to automatic license suspension in South Carolina. Further, you can still be arrested even if you refuse a test.

You Will Have a Bond Hearing (Likely Release from Custody)

Next, you will usually have a bond hearing before a magistrate or municipal judge. Most often, this happens within 24 hours of the arrest. The court may release you on your own recognizance or set a bond amount based on the seriousness of the charge and any prior offenses. With first-time DUIs, drivers are typically released on their own recognizance. However, bond/bail may be set. You may also receive a temporary license if your original license is confiscated.

You Could Be Subject to an Administrative License Suspension

Did you fail a DUI breath test or blood test? Your license will likely be suspended at the administrative level. In South Carolina, the Department of Motor Vehicles (DMV) usually initiates an administrative suspension of your driver’s license. You have a limited time to request a hearing to challenge this action. To be clear, the process is separate from the criminal case and can move quickly. If you do not act, you may lose your driving privileges before your court date. In other words, your driver’s license may be suspended before you ever have your day in court.

The Criminal Justice Process Will Move Forward

The criminal side of a DUI case begins with an arraignment where charges are formally presented. Remember, you are presumed innocent until proven guilty. Your Charleston DUI defense attorney will investigate the facts, review evidence such as dash cam footage and test results, and explore all options for dismissal or reduction. The right defense strategy depends on many factors.

Contact Our Columbia, SC DUI Defense Attorney Today

At the Law Office of Jonathan M. Harvey, our South Carolina criminal defense lawyer handles the full range of intoxicated driving cases. If you were arrested and charged with a DUI, please contact us today for a completely confidential consultation. With an office in Columbia, we defend DUI charges throughout the wider region in South Carolina.