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Is a DUI Criminal or Traffic in South Carolina?

Nov 18, 2024 | Uncategorized

Is a DUI Criminal or Traffic in South Carolina? Understanding Columbia DUI Charges

If you’ve been charged with a DUI in South Carolina, you might be wondering if it’s considered a traffic violation or a criminal offense. To put it simply: a DUI is a criminal offense in South Carolina, and the consequences can be severe. While it’s easy to assume a DUI might fall under the same category as a speeding ticket or minor traffic violation, South Carolina law classifies DUI as a criminal charge with far-reaching impacts. In Columbia, DUI enforcement is strict, especially around popular nightlife spots like Five Points and The Vista. Understanding the legal distinctions and what they mean for your future is critical if you’ve been arrested for a DUI.

How South Carolina Classifies DUI Charges

DUI, or Driving Under the Influence, is not just a traffic violation in South Carolina—it’s a criminal offense. The distinction is important because while traffic violations generally result in fines or points on your license, a DUI charge leads to much more serious consequences, including a criminal record.

 

South Carolina law, specifically SC Code § 56-5-2930, sets clear guidelines for DUI charges. If you’re caught driving with a Blood Alcohol Content (BAC) of 0.08% or higher, you can be charged with DUI. Depending on the severity of the offense—such as if you’ve caused an accident or have prior DUI convictions—your charge can range from a misdemeanor to a felony.

  • Criminal Offense Classification: A first-time DUI is usually classified as a misdemeanor, but if there are aggravating factors, such as injuries caused by the DUI, the charge could escalate to a felony.
  • Levels of DUI Charges: South Carolina recognizes different levels of DUI charges based on BAC levels, previous offenses, and the presence of minors in the vehicle. Subsequent DUI convictions within a 10-year period lead to harsher penalties.
  • Local Court Procedures: The process for handling DUI charges can vary slightly by county. For example:
  • Richland County: DUI cases typically proceed through Central Traffic Court or Magistrate Court, depending on the severity of the offense.
  • Lexington County: DUI cases are heard in Magistrate Court, with higher-level cases going to Circuit Court.
  • Kershaw County: DUI charges are processed through the Kershaw County Magistrate Court, with more serious cases escalating to Circuit Court.

Criminal Implications of a South Carolina DUI

When you’re charged with a DUI in South Carolina, the criminal implications are significant. Unlike a speeding ticket, a DUI conviction means you’ll have a permanent criminal record. This can affect everything from your job prospects to your ability to rent an apartment or even travel abroad.

  • Permanent Criminal Record: A DUI conviction will stay on your criminal record permanently, and expunging it can be extremely difficult.
  • Background Check Impact: DUI convictions show up on background checks, which can affect job applications and housing opportunities.
  • Employment Consequences: Certain jobs, especially those requiring driving, a clean record, or security clearances, may be off-limits after a DUI conviction. If you’re employed by the government or work at Fort Jackson, a DUI can lead to job termination or suspension.
  • Professional License Effects: For professionals in fields like law, healthcare, or finance, a DUI conviction could jeopardize licensure or lead to disciplinary actions.
  • Security Clearance Issues: Individuals with security clearances, particularly those working in federal jobs or near military bases like Fort Jackson, may face clearance suspension or revocation.

For USC students, a DUI conviction can also impact student status, scholarships, and even future career prospects, depending on the field of study.

DUI Court Process in Columbia Area Courts

Once you’ve been charged with a DUI in South Carolina, your case will move through the criminal court system, not traffic court. Understanding the court process is key to navigating your defense.

  • Criminal Court vs. Traffic Court: Unlike minor traffic violations, DUI cases are handled in criminal court. First-time offenders typically face charges in Magistrate Court, while repeat offenders or those with serious charges (such as causing injury or death) may be tried in Circuit Court.
  • Bond Court Procedures: After a DUI arrest, you’ll likely be booked and held until a bond hearing. For most DUI arrests in Columbia, this takes place at Alvin S. Glenn Detention Center.
  • Preliminary Hearings: Your first court appearance is usually a preliminary hearing, where the prosecution will present the charges against you, and you’ll have the opportunity to enter a plea.
  • Trial Rights: If your case goes to trial, you’ll have the right to present evidence, challenge the prosecution’s case, and defend against the charges. DUI cases in Richland County can go through Magistrate Court or Circuit Court, depending on the severity of the charges.
  • Local Court Locations: DUI cases in the Columbia area are heard in several courts, including:
  • Central Traffic Court (for more minor offenses)
  • Richland County Magistrate Courts
  • Richland County Circuit Court (for more severe or repeat DUI offenses)

Immediate Consequences of a Columbia DUI Arrest

When you’re arrested for a DUI in Columbia, the immediate consequences are often swift and stressful:

  • Booking Procedures: After being arrested, you’ll be taken to the Alvin S. Glenn Detention Center, where you’ll be processed, fingerprinted, and likely held until a bond hearing.
  • License Suspension: A DUI arrest triggers an automatic administrative license suspension. This happens regardless of whether you are ultimately convicted. You can appeal this suspension, but there are strict time limits to do so.
  • Bond Requirements: Depending on the circumstances of your arrest, you may be required to post bail to be released while your case proceeds through the court system. Bond amounts can vary based on the severity of the charges and whether you have any prior convictions.
  • Vehicle Impoundment: In most cases, your vehicle will be impounded upon arrest. You’ll need to pay fees to retrieve it, and in some instances, the car could be held as evidence.

Long-Term Criminal Impact of a DUI Conviction

A DUI conviction in South Carolina has lasting consequences that go far beyond the immediate penalties. Even a first-time conviction can lead to significant issues down the line.

  • Criminal Record Implications: As mentioned, a DUI stays on your criminal record permanently. This can impact future job prospects, housing applications, and professional licenses.
  • Enhancement of Future Charges: South Carolina law is particularly harsh on repeat offenders. If you’re convicted of DUI again, your penalties will increase dramatically, with longer jail sentences, larger fines, and harsher license suspensions.
  • Professional Consequences: If you hold a professional license or work in a job that requires security clearance, a DUI conviction can lead to suspension, revocation, or termination. Employers, especially those in government positions, often view a DUI as a red flag when it comes to trustworthiness and responsibility.
  • Housing Impact: A DUI on your criminal record can make it more difficult to find housing. Landlords may reject applicants with criminal records, especially those convicted of offenses involving alcohol.
  • Travel Restrictions: Some countries, including Canada, restrict entry for individuals with DUI convictions. If you plan to travel internationally, a DUI could complicate those plans.

Conclusion: DUI – More Than Just a Traffic Ticket

Getting charged with a DUI in South Carolina is much more than a traffic violation—it’s a serious criminal offense that can follow you for years. From immediate consequences like jail time and license suspension to long-term impacts on your job, housing, and future opportunities, the stakes are high. In Columbia, the stakes are even higher, with local enforcement cracking down on DUI offenses, particularly in areas like Five Points and The Vista. If you’ve been arrested for a DUI, don’t wait to seek legal help—contact Thompson & Hiller Defense Firm today. We’ll help you navigate the charges and build a strong defense to protect your future.