If you were arrested for DUI by the Cayce Police Department, you may have questions about what happens next, whether you can continue driving, and what can be done to fight the charge.
Cayce is a relatively small city located just outside Columbia in Lexington County, South Carolina. Despite its size, Cayce maintains its own police department, municipal court, and municipal judges. The Cayce Police Department also conducts proactive traffic and DUI enforcement throughout the city.
The Law Office of James R. Snell, Jr., LLC, has regularly represented clients charged with DUI in Cayce Municipal Court for more than 20 years. These cases have included arrests arising from ordinary traffic stops, DUI checkpoints, automobile accidents, breath-test refusals, higher BAC results, and cases involving accompanying charges such as driving under suspension, open container violations, and marijuana possession.
If you have been arrested for DUI in Cayce, an arrest does not mean you are automatically guilty. Understanding how these cases work is an important first step.
DUI Enforcement in Cayce, South Carolina
Cayce has a significant police presence for a city of its size. Officers regularly patrol throughout the city, including during late-night and early-morning hours when DUI enforcement may be particularly active.
Some of the roads where we frequently see traffic enforcement include Knox Abbott Drive, Charleston Highway, and 12th Street. However, drivers should expect police patrols throughout the Cayce city limits.
A DUI investigation does not necessarily begin because someone was driving erratically. We regularly see traffic stops based on relatively minor alleged traffic violations, including minor speeding or failing to use a turn signal.
Cayce also utilizes DUI checkpoints and investigates drivers for possible DUI following traffic collisions.
The city has a number of restaurants and bars. Officers may patrol areas around these establishments and conduct traffic stops when they believe they observe a traffic violation involving a vehicle leaving the area.
What Happens During a Cayce DUI Investigation?
Cayce Police Department officers receive training in DWI Detection and Standardized Field Sobriety Testing based upon the National Highway Traffic Safety Administration curriculum.
During a DUI investigation, an officer may ask questions such as where you are coming from, where you are going, how much you have had to drink, and whether you have consumed any medications or drugs.
The officer may then request that you participate in field sobriety testing.
The three standardized field sobriety tests commonly used are the Horizontal Gaze Nystagmus test, commonly called HGN, the walk-and-turn test, and the one-leg stand test.
Some officers may also use non-standardized exercises, including counting exercises or asking someone to recite portions of the alphabet.
These tests can become important evidence in a DUI case. How a test was explained, demonstrated, administered, performed, recorded, and ultimately scored may all be relevant when evaluating the State's evidence.
Attorney James R. Snell, Jr. has completed instructor-level training in the NHTSA standardized field sobriety testing curriculum. Our staff also includes a second person who has completed instructor-level training. We use this training when reviewing how field sobriety tests were administered and scored in our clients' cases.
What Happens After a DUI Arrest in Cayce?
After a Cayce police officer makes a DUI arrest, the person is generally transported first to the Cayce Police Department headquarters on 12th Street.
There, the person may be offered a breath test.
After the breath-testing process is completed, the person is generally transported to the Lexington County Detention Center for booking and held pending bond court.
Lexington County bond court is held daily at 10:00 a.m., with an additional 3:00 p.m. bond court Monday through Friday.
The DUI case itself will then proceed through the appropriate court.
Will I Lose My License After a Cayce DUI Arrest?
Not necessarily.
One of the most common misconceptions following a DUI arrest is that simply being arrested automatically causes someone to lose their driver's license.
It does not.
An arrest for DUI, standing alone, does not result in a driver's license suspension.
There is, however, a separate issue under South Carolina's implied consent law. Someone who refuses an applicable breath, blood, or urine test, or who provides a breath sample of 0.15% or higher, can face an immediate administrative driver's license suspension.
This suspension is separate from the DUI charge itself.
We can help challenge an implied consent suspension by making the necessary filing with the South Carolina Office of Motor Vehicle Hearings. There are strict time limitations that apply, which is one reason contacting an attorney quickly after an arrest can be important.
When retained, we make the necessary filing promptly. Driving privileges are often restored within approximately two business days while the administrative challenge proceeds, depending on the circumstances.
What Happens After We Are Hired for a Cayce DUI?
When we are retained to contest a Cayce DUI charge, we begin by filing paperwork with Cayce Municipal Court notifying the court that we represent our client. We also file discovery motions seeking the evidence relating to the arrest.
It commonly takes approximately two to six weeks for us to receive the discovery materials.
Depending on the case, discovery may include the officer's body-camera video, in-car dash-camera video, narrative police report, and field sobriety test scoring documentation.
We also obtain the video recording associated with breath testing at the Cayce Police Department along with applicable breath-test paperwork. If blood or urine testing was performed, we seek the evidence and test results associated with that testing as well.
We then review the evidence with our client before advising them about potential defenses and options.
How Do We Evaluate a Cayce DUI Case?
Under South Carolina law, DUI involves driving while under the influence of alcohol, drugs, or a combination of substances to the extent that the person's faculties to drive are materially and appreciably impaired.
A police officer's decision to make an arrest is not the same as proof beyond a reasonable doubt.
Our review begins with the circumstances that led to the police encounter. We consider whether there was a lawful basis for the traffic stop and then examine the entire DUI investigation.
We review how field sobriety tests were explained, administered, performed, and scored. We examine the officer's reports and compare the written allegations with the available video evidence. We review the procedures associated with any breath, blood, or urine testing.
South Carolina DUI law also contains specific requirements governing DUI investigations and arrests. Depending upon the circumstances, noncompliance with applicable requirements, including requirements concerning video recording of field sobriety testing, can provide grounds for challenging the prosecution.
We also consider evidence provided by our client. The police department's evidence is not necessarily the only evidence relevant to determining what actually happened.
Every case is different, which is why we believe a DUI charge should be evaluated based upon its actual evidence rather than assumptions based upon the arrest.
What If I Blew Over the Legal Limit?
A breath-test result does not automatically make someone guilty of DUI.
We frequently hear from people who believe their situation is hopeless because they provided a breath sample, particularly when the reported BAC is high.
South Carolina DUI law does not make a breath-test number synonymous with guilt. The prosecution still has to establish the elements necessary for a conviction, and the circumstances surrounding the DUI investigation and chemical testing can be reviewed and challenged when appropriate.
Similarly, refusing a breath test does not mean that someone is automatically guilty of DUI.
Whether there was a breath-test result, a refusal, or blood or urine testing, we review the evidence before advising our client about the strength of the prosecution's case and available defenses.
Can a Cayce DUI Be Reduced or Dismissed?
Depending upon the evidence and circumstances, DUI charges can potentially be dismissed or reduced before trial.
Cayce operates its own police department and municipal court and employs its own municipal judges. DUI cases prosecuted in Cayce Municipal Court may involve negotiations with the Cayce police officer and prosecutor.
After reviewing the evidence, we advise our clients about what evidence does or does not support the allegation of impaired driving, potential defenses, how a trial could be conducted, and the advantages and disadvantages of any available negotiated resolution.
The decision about whether to accept a proposed resolution belongs to the client after receiving legal advice.
If a case is not dismissed or reduced to an outcome our client believes is acceptable, the case can be taken to trial.
We regularly handle contested cases in Cayce Municipal Court and are prepared to try DUI cases when that is the course selected by our client.
What Happens at Cayce Municipal Court?
Cayce Municipal Court generally operates similarly to other municipal courts in Lexington and Richland Counties.
Hiring an attorney does not mean that an immediate trial will be scheduled.
After we file our initial paperwork, we obtain and review discovery, investigate potential defenses, and discuss the evidence and options with our client. When requested by our client, we can pursue appropriate negotiations with the officer or prosecutor.
If the case cannot be resolved to the client's satisfaction, it can proceed toward trial.
What About DUI 2nd or DUI 3rd Charges?
There is an important jurisdictional distinction for subsequent-offense DUI charges arising from Cayce Police Department arrests.
DUI 2nd and DUI 3rd offense charges are referred to the Lexington County Court of General Sessions rather than being prosecuted as ordinary municipal court DUI cases. Those cases are prosecuted by the Eleventh Circuit Solicitor's Office.
The potential consequences also become more serious for subsequent DUI offenses, making it important to understand exactly what charge is pending and where the case will be prosecuted.
A DUI Arrest Can Affect More Than Your Court Case
For many people, the greatest concern after a DUI arrest is not simply the possibility of a fine or jail sentence. There are a variety of penalties from a DUI conviction, including both the criminal penalties assessed by the court, driver's license penalties from the DMV, and collateral consequences from employment or other background screenings.
We regularly speak with military personnel, nurses and other healthcare professionals, teachers and school employees, executives, and people whose jobs require them to drive. University of South Carolina students may also be particularly concerned about how a DUI arrest could affect their education and future opportunities.
Depending upon someone's circumstances, a DUI charge can raise concerns involving employment, professional licensing, education, security requirements, insurance, and the ability to drive to work or drive as part of a job.
These concerns should be discussed with an attorney when developing a strategy for the case.
What Are the Consequences of a DUI Conviction?
A DUI arrest and a DUI conviction are two very different things.
A conviction can carry significant consequences. Depending upon the circumstances, these may include a lifetime criminal record, fines or jail time as determined by the court, driver's license suspension, a requirement to maintain SR-22 insurance for three years, completion of the Alcohol and Drug Safety Action Program, commonly known as ADSAP, and installation and maintenance of an ignition interlock device.
These consequences are among the reasons we recommend taking a DUI charge seriously from the beginning.
Should I Talk to the Officer or Prosecutor Myself?
We recommend that anyone charged with DUI in Cayce obtain legal representation. You should then allow your DUI defense attorney to handle all communications on your behalf with the court as well as the prosecutor.
Statements made about the circumstances of the case can potentially be used as evidence later. Before attempting to explain what happened or negotiate the case yourself, you can consult with an attorney who can review the evidence and advise you about your options.
A DUI is a serious criminal charge. You do not have to assume that the officer's initial conclusion about impairment will ultimately determine the outcome.
More Than 20 Years Representing DUI Clients in Cayce
The Law Office of James R. Snell, Jr., LLC, has regularly appeared in Cayce Municipal Court representing people charged with DUI for more than 20 years.
We have handled Cayce DUI cases arising from checkpoints, automobile accidents, ordinary traffic stops, breath-test refusals, and higher BAC results. We have also represented clients whose DUI arrests included other charges such as open container violations, driving under suspension, and marijuana possession.
When retained, our approach is to obtain the evidence, review the case carefully, explain the available options to our client, pursue an appropriate dismissal or reduction when possible, and be prepared to take the case to trial when necessary.
Charged With DUI in Cayce? Contact Us
If you have recently been arrested for DUI by the Cayce Police Department, contact the Law Office of James R. Snell, Jr., LLC, as soon as possible.
Quick action can be particularly important when there is an implied consent driver's license suspension because strict deadlines apply. It can also help ensure that available evidence is identified and obtained.
Even if some time has passed since your arrest, however, we are still available to help.
We offer free initial consultations. You are welcome to bring all of the paperwork you received from the police, jail, DMV, or court so that it can be reviewed with an attorney.
DUI cases are handled on a flat-fee basis, and financing options may be available.
To schedule a free consultation, call (803) 359-3301. Same-day appointments are typically available.
All cases are unique. Prior results obtained by an attorney in one matter do not indicate that similar results can be obtained for other clients in other matters.