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First DUI in Lexington County? Your Next Steps for Defense

Nov 27, 2024 | Thompson & Hiller Blog

First DUI in Lexington County? Your Next Steps for Defense

Being arrested for a DUI in Lexington County can feel overwhelming, especially if it’s your first offense. The process may seem confusing, with deadlines, court appearances, and immediate impacts on your license. If you’ve been charged with a DUI in Lexington, it’s important to take action quickly to protect your rights and start building a defense. Here’s what you need to know about what happens next.

Immediate Steps After a Lexington County DUI Arrest

The first few hours after a DUI arrest are crucial. Here’s what you need to focus on:

  • License Implications: After your arrest, your driver’s license is at immediate risk. You’ll likely receive a Notice of Suspension if you refused a breathalyzer test or if your Blood Alcohol Content (BAC) was above the legal limit of 0.08%.
  • Temporary License Procedures: South Carolina’s Implied Consent Law means that your license can be suspended immediately following your arrest, but you may be eligible for a temporary alcohol restricted license (TARL). This allows you to drive legally while your case is pending, but you’ll need to act quickly to apply for it at the Lexington DMV.
  • DMV Deadlines: You have 30 days from the date of your arrest to request an administrative hearing to challenge your license suspension. This is a critical step if you want to avoid long-term license suspension while your case is still being processed.
  • Bond Information: After your arrest, you’ll likely be taken to the Lexington County Detention Center, where you’ll be held until your bond hearing. These hearings typically happen within 24 hours of your arrest, and bond can range depending on the circumstances of your arrest. The bond court in Lexington County operates daily, and if released, you may be subject to conditions like house arrest, alcohol monitoring, or other restrictions until your court date.

Understanding Lexington County DUI Court Process

Once you’ve been released, the legal process in Lexington County begins. Here’s what you can expect:

  • First Appearance Date: Your initial court date, known as the first appearance, will be scheduled shortly after your release. This hearing is usually held at the Lexington County Courthouse, and you must attend to avoid additional penalties.
  • Court Location Details: Most first-time DUI offenses are heard in Magistrate Court or Traffic Court, both located at the Lexington County Judicial Center. If your case is more complex or involves serious injuries, it may be moved to General Sessions Court.
  • Administrative Hearings: If you requested an administrative hearing to challenge your license suspension, this will take place separately from your criminal court hearings. It’s important to prepare for both, as the outcomes are independent of each other.
  • DMV Requirements: During the process, you’ll also need to stay on top of any DMV requirements, including enrolling in programs like the Alcohol and Drug Safety Action Program (ADSAP) if required.
  • Timeline Expectations: The DUI process can take several months, so it’s important to stay organized and meet all deadlines to avoid further complications with your case.

Your License After a Lexington DUI

One of the biggest concerns after a DUI arrest is your driver’s license. Here’s what you need to know:

  • Temporary License Rules: If your license is suspended, you can apply for a TARL to continue driving while your case is pending. This allows you to drive for work, school, and essential activities.
  • Implied Consent Suspension: Refusing a breath test in South Carolina triggers an automatic suspension, but you have the right to appeal. Acting quickly to request a hearing is essential.
  • Administrative Hearing Options: You can challenge your suspension by requesting an administrative hearing with the South Carolina Department of Motor Vehicles (SCDMV). If successful, you could have your driving privileges restored while your criminal case proceeds.
  • Route Restriction Licenses: In some cases, you may be eligible for a route restricted license, which allows you to drive on specific routes—usually between home, work, or school—during the suspension period.
  • SLED Requirements: If your case involves additional testing, such as a blood test, these results will be processed by the South Carolina Law Enforcement Division (SLED). Any delays or errors in testing could impact your case and provide opportunities for defense.

First Offense DUI Programs in Lexington

For many first-time DUI offenders, completing specific programs can help reduce penalties. Here are some options available in Lexington County:

  • ADSAP Enrollment: The Alcohol and Drug Safety Action Program (ADSAP) is often a mandatory requirement after a DUI arrest. Enrolling in this program early can demonstrate to the court that you’re taking steps to address the situation.
  • Local Treatment Options: Lexington County offers various treatment options through providers like the Lexington/Richland Alcohol and Drug Abuse Council (LRADAC). These court-approved programs offer assessments, counseling, and rehabilitation services.
  • Assessment Locations: You’ll need to complete a substance abuse assessment at a court-approved location. These assessments help determine the level of treatment or intervention needed based on your case.
  • Community Service Options: Some DUI plea deals in Lexington County include community service as part of the agreement. This is often an alternative to harsher penalties like jail time.
  • Monitoring Programs: In some cases, the court may require alcohol monitoring as a condition of your bond or as part of a plea deal. These programs use devices like SCRAM bracelets to track alcohol consumption.

Building Your Defense in Lexington County

When facing a first-time DUI charge, building a strong defense is essential to potentially reduce penalties or even get the charges dismissed. Here’s how you can strengthen your case:

  • Evidence Collection: Gathering evidence is key to any DUI defense. This includes everything from police reports and witness statements to dashcam and bodycam footage.
  • Video Requests: In many cases, video evidence can provide valuable insights into the arrest process and whether proper procedures were followed. Make sure to request any footage from the Lexington County Sheriff’s Department or local law enforcement agencies involved in your arrest.
  • Witness Statements: If there were any witnesses to your arrest or the events leading up to it, their statements could be critical in challenging the evidence against you.
  • Officer Records: Reviewing the arresting officer’s history, including any patterns of misconduct or procedural errors, can also help your defense. An officer’s previous actions can sometimes lead to a case being dismissed or charges reduced.
  • Testing Challenges: Breathalyzer tests and field sobriety tests aren’t foolproof, and there are many ways to challenge their accuracy. Understanding how these tests were administered and whether any mistakes were made can be key to your defense. In Lexington County, blood test protocols are also scrutinized closely, and any errors in handling samples can be used to challenge the evidence.

Conclusion: Don’t Wait—Act Fast After a Lexington County DUI

A first-time DUI charge in Lexington County is serious, but it doesn’t have to define your future. With the right steps, including addressing your license suspension, enrolling in required programs, and building a solid defense, you can navigate this process with confidence. At Thompson & Hiller Defense Firm, we know the ins and outs of Lexington County’s legal system and can help you get through this difficult time. Contact us today to get started on your defense and protect your rights!