How DUI and Leaving the Scene Overlap
In South Carolina, DUI and leaving the scene of an accident are two of the most common driving-related charges. These charges often overlap, especially in Columbia and Lexington, when someone who has been drinking is involved in a crash and then makes the decision to drive away. Sometimes this is done out of fear of being arrested for DUI, while other times it is simply impaired judgment or confusion.
Unfortunately, leaving the scene of an accident almost always makes the situation worse. Prosecutors may argue that fleeing is an attempt to hide intoxication, and juries may view it as evidence of guilt. What could have been a misdemeanor DUI can quickly escalate into far more serious consequences, particularly if someone was injured.
How Law Enforcement Investigates
Police in Columbia and Lexington are trained to investigate both DUI and hit-and-run cases aggressively. Even if you are not tested for alcohol or drugs until hours after an accident, you may still face DUI charges if officers can use other evidence to prove their case. This evidence can include witness statements, admissions, or physical damage to vehicles. The bottom line is that leaving the scene does not avoid a DUI—it only adds another serious charge to your case.
Facing Multiple Courts
If you are charged with both DUI and leaving the scene, you may have cases in more than one court. A leaving-the-scene charge involving another vehicle on the roadway will be referred to General Sessions Court, located in the county courthouse, which is the court that handles most felony cases. Leaving the scene charges are considered more serious from a criminal charge standpoint than DUI, and as such are referred to the higher court.
Your DUI, however, will typically be handled in a magistrate or municipal court. Common examples include the City of Columbia Municipal Court, Richland County Central Court, or the Lexington County DUI Court. This means you will have separate court dates to keep track of, and your cases will likely be prosecuted by different prosecutors working in entirely separate offices.
If your case also involves an implied consent violation, such as refusing a breath, blood, or urine test, or providing a sample of 0.15 or higher, you will also face a separate case before the Office of Motor Vehicle Hearings. This is not technically a court but an administrative proceeding to determine whether you face a license suspension and other DMV penalties related to the testing procedure. These hearings are prosecuted by the arresting police officer.
As a result, someone charged with DUI, leaving the scene, and an implied consent violation can easily end up with three separate cases in front of three different prosecutors. This makes the defense of these cases far more complex than a typical DUI charge. Attorney James Snell has significant experience in representing clients whose DUI cases are split up in this fashion, with proceedings in two or all three locations.
Penalties and Consequences
The penalties for DUI and leaving the scene can be severe. DUI carries license suspension, fines, mandatory alcohol programs, and possible jail time. Leaving the scene adds additional fines and driver’s license consequences, and if someone is hurt, it can result in felony charges and a prison sentence. Combined, these charges pose a serious risk to your freedom, finances, and future.
Why You Need a Defense Lawyer
Every case is unique. There may be issues related to whether the State can prove who was driving, whether impairment existed at the time of the accident, or whether officers followed proper procedures. Having a defense lawyer who understands how DUI and leaving-the-scene cases are prosecuted in Richland and Lexington Counties is critical to protecting your rights.
If you or a loved one has been charged with DUI, leaving the scene, or both, call the Law Office of James R. Snell, Jr., LLC at (803) 359-3301. Same-day appointments are typically available.