How Long Does a DUI Case in Lexington, SC Take?
If you’ve been charged with DUI in Lexington, South Carolina, one of the first questions you’re likely asking is: How long will my case take to resolve?
As a DUI defense attorney with over 20 years of experience and having handled hundreds of DUI cases in and around Lexington, I can tell you there is no one-size-fits-all answer. But I can walk you through the general timeline, what to expect, and how the process works—especially if you’re facing a DUI 1st offense in Lexington County DUI Court or one of the surrounding municipal or magistrate courts.
This guide provides an overview of how long DUI cases typically take, including both implied consent violations (license suspensions due to breath test refusals or high readings) and the court case itself. Whether your case involves the SC Highway Patrol or a local police department, the information below applies.
Implied Consent Timeline (License Suspension Defense)
About 60% of DUI cases we handle in Lexington include both the criminal charge and an implied consent suspension. This type of suspension occurs if you either refuse a breath, blood, or urine test, or provide a breath sample of 0.15% or higher.
Once we’re retained in such a case, we act quickly to file paperwork with the Office of Motor Vehicle Hearings (OMVH) to contest the suspension. This is often done within an hour. Within a day or two, the DMV is notified that the suspension is being challenged, and the driver becomes eligible for a Temporary Alcohol License. This license allows unrestricted driving throughout South Carolina, without the need for SR-22 insurance or enrollment in ADSAP.
The OMVH typically schedules a hearing within two to four months. The hearing determines whether the license suspension will remain in place or be lifted. The outcome of this hearing does not affect what happens in criminal court. If the suspension is lifted, the driver may immediately reinstate their regular license.
DUI Criminal Court Timeline (Challenging the DUI Charge)
While someone could plead guilty at their first court date and resolve the case in a few weeks, this is rarely advisable. A DUI conviction can have serious, lasting consequences. When we are retained to contest a DUI charge, we begin by filing a Notice of Representation with the court and requesting discovery from the prosecutor. This includes video footage, police reports, and other evidence. We typically complete this step within one business day.
Discovery is usually provided within one to three months. Once we receive it, we conduct a thorough review, share the evidence with our client, and discuss potential legal defenses, trial strategy, and any plea options. In some cases, failure by the prosecution to provide discovery can lead to a dismissal.
Next, the court will schedule a pre-trial conference. This is an opportunity to meet with the prosecutor and attempt to negotiate a resolution. If no agreement is reached, the case may be continued for another pre-trial or set for trial. Some courts in the Lexington area schedule these within two to three months, while others may take significantly longer depending on their backlog.
If the case is not resolved at a pre-trial, it proceeds to trial. Some courts may set a DUI trial within a year of arrest; others take longer. Most DUI cases are resolved before reaching trial. However, we believe that every case not dismissed or resolved in a way that satisfies our client should go to trial.
Every court in and around Lexington—including the Lexington County DUI Court, Cayce, West Columbia, Irmo, Batesburg-Leesville, and others—has its own schedule. During your consultation, we can provide a more precise estimate based on current trends in the specific court where your case is pending.
Why Hire Our Office for Your DUI Defense?
At the Law Office of James R. Snell, Jr., LLC, we understand the stress and uncertainty that come with a DUI arrest. We offer free case evaluations with no obligation, take immediate steps to restore driving privileges, and provide experienced courtroom representation with a focus on getting cases dismissed or reduced.
Attorney James Snell is the author of South Carolina DUI Defense: The Law and Practice. He is a former President of the Lexington County Bar Association, a member of the National College of DUI Defense, and has completed training in standardized field sobriety testing under the same protocols used by South Carolina law enforcement.
Schedule Your Free DUI Consultation Today
If you or a loved one has been charged with DUI in Lexington, Columbia, or anywhere in South Carolina, call our office at (803) 359-3301 to speak directly with a DUI defense attorney. Same-day appointments are often available.
We are here to help you protect your license, your record, and your future.