If you’ve been arrested for DUI in Lexington, South Carolina, it’s natural to feel confused and concerned about what lies ahead. Understanding the process can make a big difference in your ability to take control of your case.
At the Law Office of James R. Snell, Jr., LLC, we’ve represented hundreds of individuals facing DUI charges in Lexington County and surrounding areas. This guide outlines the typical post-arrest process and explains how we help our clients protect their rights, records, and licenses every step of the way.
Step 1: The DUI Arrest
A DUI arrest usually begins with a traffic stop, checkpoint, or investigation after a motor vehicle accident. If the officer believes you’re under the influence, they may ask you to perform field sobriety tests or provide a breath sample.
If you're arrested in Lexington County, you’ll typically be transported to the Lexington County Detention Center, located at 521 Gibson Road, Lexington, SC. However, if you were arrested by the West Columbia, Cayce, or Irmo Police Departments, you may first be taken to their local stations to be offered a breath test before being transported to the county jail.
South Carolina Highway Patrol, the Lexington County Sheriff’s Department, and other agencies generally perform breath testing directly at the detention center using equipment housed there.
After being booked, you may be granted a personal recognizance (PR) bond and released. It’s important to note that receiving a PR bond has no bearing whatsoever on the strength or weakness of the evidence in your case, nor does it indicate your chances of obtaining a dismissal or favorable plea reduction. Bond conditions are primarily set based on your criminal history, flight risk, and other procedural factors—not the merits of your case.
Step 2: License Suspension (If Applicable)
South Carolina’s implied consent law allows the DMV to immediately suspend your license if you refused a breath, blood, or urine test, or if your breath test result was 0.15 or higher. This suspension is separate from any court case.
Our office can often file the necessary paperwork to contest the license suspension within just one hour of being hired, triggering a contested case hearing through the Office of Motor Vehicle Hearings. Once this hearing is requested, you become eligible to apply for a Temporary Alcohol Restricted License (TARL) that allows you to drive legally while the hearing is pending.
About 60% of DUI arrests in the Lexington area also include an implied consent suspension, meaning many clients are dealing with two separate cases—the criminal charge in court and the administrative license suspension before the DMV.
Step 3: Court Date and Legal Representation
Your DUI charge will be assigned a court date, which may be held in Lexington County Magistrate Court, a Municipal Court, or General Sessions Court, depending on the circumstances of the arrest and the agency involved.
This first court date is often a trial date—not just an arraignment or appearance. That’s why it’s critical to consult with a DUI defense attorney as early as possible.
During a free consultation, our office will:
Review the facts of your arrest and potential legal issues
Explain how the court and DMV processes work
Begin preparing your legal defense
Handle your DMV paperwork to protect your driving privileges
Step 4: Evidence Review and Defense Strategy
We will obtain all available evidence, including:
Police reports
Patrol car and breath room videos
Breathalyzer calibration and maintenance records
Body cam footage
We thoroughly analyze whether the traffic stop was lawful, if procedures were followed properly, and whether the results of any chemical test can be challenged. Many DUI charges are dismissed or reduced because of weaknesses in the government’s case or after the prosecutor is able to consider mitigation we can provide, such as our client’s background and support in the community. Our goal is always to find the best possible resolution—whether that means dismissal, reduction, or successful defense at trial.
Step 5: Possible Outcomes
If you’re convicted of DUI in South Carolina, even on a first offense, the penalties are serious. They include a lifetime criminal record (which cannot be expunged), fines up to $2,400, up to 90 days in jail, three years of SR-22 insurance, mandatory completion of the ADSAP program, and installation of an Ignition Interlock Device (IID) for at least six months.
However, a conviction is not the only possible outcome.
Many DUI cases in Lexington, SC, result in more favorable resolutions, including:
Dismissal by the prosecutor – In some cases, the solicitor's office determines there is not enough evidence to proceed and chooses to dismiss the charge entirely.
Reduction to a non-DUI offense – This could include a plea to reckless driving or another lesser charge such as too fast for conditions. These charges carry significantly reduced consequences and no mandatory DUI penalties.
Contested trial resulting in a not-guilty verdict – If your case proceeds to trial and a judge or jury finds you not guilty, you avoid any criminal penalties and DMV consequences tied to a DUI conviction.
In any of these non-conviction outcomes, our clients are eligible to pursue an expungement, which means the DUI arrest and court record can be removed from their criminal history. This can be a crucial step in protecting future employment, education, and licensing opportunities. Our office automatically tracks cases that are eligible for expungement and follows up with the court to ensure that those records are processed and cleared for our clients. This is just one of the ways we continue working for our clients even after their case is resolved.
Our general in-office rule for all DUI cases is that we want to see them dismissed, or resolved in another way our client's agree is in their best interest; otherwise we want to contest them in trial. We are not hired to simply recommend guilty pleas.
Schedule Your Free DUI Consultation Today
If you’ve been arrested for DUI in Lexington, SC, you are not alone—and you do not have to face this situation without help. The Law Office of James R. Snell, Jr., LLC is here to explain your options and defend your rights. We’ll guide you through both the court and DMV processes and begin taking action within hours of being hired.
Call us now at (803) 359-3301 to schedule your free consultation and take the first step toward protecting your license, your record, and your future.