Lexington County DUI Court

If you have been charged with DUI in Lexington County, there is a good chance your case will be referred to the Lexington County DUI Court. This is a term of Magistrate Court where most Highway Patrol and Lexington County Sheriff’s Department DUI cases are assigned. The court is located in the old courthouse at 139 East Main Street in downtown Lexington, South Carolina.

If your DUI charge was made by another law enforcement agency, we can still help. We regularly appear in DUI courts throughout Lexington County, Columbia, and other parts of South Carolina. This article focuses specifically on the procedures applicable to the Lexington County DUI Court. While DUI law is the same throughout South Carolina, there can be substantial differences in court procedures from one jurisdiction to another.

What Types of Cases Are Heard in Lexington County DUI Court

The Lexington County DUI Court hears misdemeanor first-offense DUI charges brought by the South Carolina Highway Patrol or the Lexington County Sheriff’s Department. In addition to the DUI charge itself, the court also hears associated Magistrate Court-level misdemeanor charges that arise from the same arrest. Common accompanying charges include open container violations, driving under suspension, possession of marijuana, or no proof of insurance. Whether you face additional charges depends entirely on the specific facts of your case.

If your DUI arrest also involves higher-level misdemeanor or felony charges, those charges are handled separately in the Lexington County Court of General Sessions. General Sessions is held at the Marc H. Westbrook Judicial Center at 205 East Main Street, directly across South Lake Drive from the old courthouse. In those situations, a defendant may have court in both Lexington County DUI Court and General Sessions at the same time. Charges commonly handled in General Sessions include leaving the scene of an accident, possession of controlled substances, or habitual offender violations.

If you have received an implied consent suspension as part of your DUI arrest, for refusing a breath or drug test, or providing a breath sample of 0.15% or higher, this is contested in the Office of Motor Vehicle Hearings (OMVH). This is a separate process, outside of your DUI case which will also be pending in the Lexington County DUI Court. We also assist with OMVH defense, and can file paperwork to restore driving privileges suspended as part of a DUI arrest quickly, often within minutes of being retained for your case. 

Sequence of a Lexington County DUI Case

After a DUI arrest in Lexington County, you are typically taken to the Lexington County Detention Center at 521 Gibson Road. Following booking and processing, you will be held for Bond Court, which is conducted at 10:00 a.m. and 3:00 p.m. Monday through Friday, and at 10:00 a.m. on Saturdays and Sundays. During Bond Court, bond is set and you are given a date and time for an initial appearance in Lexington County DUI Court.

The initial DUI Court appearance is designed for non-contested cases and provides an opportunity for a defendant to plead guilty without consideration of the evidence or potential defenses. Because our office is retained to contest DUI charges, we typically use approved court procedures to help clients avoid that initial appearance.

Once we are retained, we file formal notice with the court that the case is being contested and request discovery from law enforcement. When discovery is received, a copy is forwarded to the client, and we conduct a detailed review of the case, beginning with the officer’s initial contact and continuing through the roadside investigation and any breath testing at the jail. The purpose of this review is to determine what the evidence does and does not show regarding impairment, identify potential legal defenses, and evaluate available defense strategies. 

After that review, we meet with the client either in person or by phone, depending on preference. During this meeting, we discuss the strengths and weaknesses of the case, potential resolutions, and the options available so the client can make informed decisions moving forward.

The next scheduled court date is usually a pre-trial conference in Lexington County DUI Court. This is an organized meeting between the defense and the prosecutor. Depending on the facts of the case, the charge may be dismissed, or a reduction may be offered. If a case is not resolved to the client’s satisfaction, we advise proceeding with a full contest in court. Fully contesting a DUI charge typically involves a jury trial, which is scheduled separately from pre-trial conferences and usually requires several weeks of advance notice. 

For clients who live out of town, out of state, or have significant work or family obligations, we can advise which court dates typically require a personal appearance and which dates may be handled by our office.

Frequently Asked Questions About Lexington County DUI Court

There is far too much to know about DUI law, defense strategies, potential outcomes, and court procedures to cover every scenario on a website. The best way to get answers specific to your situation is to contact our office for a free consultation at (803) 359-3301. The following are common questions we hear from people facing DUI charges in Lexington County.

What Are the Possible Outcomes for a DUI in Lexington County DUI Court?

Every DUI case results in one of three outcomes. A case may be dismissed or end in a not-guilty verdict. It may resolve through an agreed-upon plea or negotiated resolution. Or it may result in a guilty conviction.

A DUI case can be resolved favorably if it is voluntarily dismissed by the prosecutor or if a defendant is found not guilty at trial. While outright dismissals are not common, they can occur when significant legal or evidentiary issues are present. When a case is dismissed or results in a not-guilty verdict, the arrest can be expunged, no DUI is reported to the DMV, and no criminal or administrative penalties apply.

Some cases are resolved through negotiation with the prosecutor. For example, a DUI charge may be reduced to reckless driving or another non-DUI offense. When this occurs, the DUI charge is dismissed and eligible for expungement, while the reduced charge is reported to the DMV and carries its own penalties.

A guilty conviction is the least favorable outcome. A conviction may result from a guilty or no-contest plea or from a guilty verdict at trial. DUI convictions carry serious consequences, including a permanent criminal record, fines or jail time, license suspension, SR-22 insurance requirements, mandatory alcohol education through ADSAP, and ignition interlock requirements. Pre-trial Intervention is not available for DUI charges in South Carolina.

Can a DUI in Lexington County DUI Court Be Reduced to Reckless Driving?

Yes, in some cases, a DUI charge can be reduced to reckless driving or another non-DUI offense. Whether a reduction is possible depends on the evidence, available legal defenses, personal circumstances, and negotiations with the prosecutor. Reductions are not available in every case, and any decision to accept a reduction should be made only after a full review of the case with a DUI defense attorney.

What If I Blew 0.08 or Higher?

DUI in South Carolina is not based solely on a breath test number. It is not illegal to drink and drive. DUI is defined as driving while materially and appreciably impaired. A person can be found guilty or not guilty of DUI regardless of breath test results. DUI charges may be based on alcohol impairment, drug impairment, or a combination of both. Even when a breath test result is 0.08 or higher, there may still be legal and factual defenses available.

I Refused the Breath Test. Was That a Good Idea?

A significant percentage of people charged with DUI in Lexington County refuse the breath test. For many individuals who consumed alcohol before driving, refusing the test prevents the prosecution from using a specific number against them in court. 

If you refused the breath test or provided a breath sample of 0.15 percent or higher, you will face an implied consent suspension in addition to the DUI charge. Our office can file the necessary paperwork to contest that suspension immediately upon being retained, with driving privileges often restored within a few business days.

Who Is the Prosecutor?

DUI cases in this court are prosecuted by attorneys from the 11th Circuit Solicitor’s Office. South Carolina uses the term Solicitor instead of District Attorney. The individual prosecutor assigned to DUI Court may change periodically.

Who Is the Judge?

Lexington County DUI Court is presided over by magistrate judges. Cases are not assigned to one permanent judge. Instead, different magistrates rotate through the court on designated days.

Does Lexington County DUI Court Hear Every DUI Case?

No. The court only hears cases made by the Highway Patrol or the Lexington County Sheriff’s Department. DUI cases made by municipal police departments, such as West Columbia, Cayce, or the Town of Lexington, are handled in those respective municipal courts. DUI cases made by agencies such as DNR or State Transport Police may be assigned to other Magistrate Courts within the county.

If you have a prior DUI conviction within the past ten years, you may face a second or third offense DUI charge, which would be handled in the Lexington County Court of General Sessions instead of DUI Court.

Does Lexington County DUI Court Ever Impose Jail Time?

Jail is a possible penalty in any DUI case, but it is not imposed in every case. For first-offense DUI convictions, cases involving refusals or BAC results of 0.15 percent or lower carry a maximum of thirty days, while cases involving BAC results of 0.16 percent or higher carry a maximum of ninety days. In many cases, jail can be avoided through negotiation or by contesting the charge, although no attorney can promise or guarantee a particular outcome. 
Jail becomes more likely when aggravating factors are present, such as prior DUI or reckless driving convictions, vehicle collisions, dangerous driving behavior, extremely high alcohol levels, aggressive behavior toward law enforcement, or the presence of children in the vehicle.

Can a DUI Be Transferred to Another Court?

Most DUI cases cannot be transferred. Transfers typically occur only when a defendant has a prior DUI conviction within ten years or when the alleged driving occurred outside Lexington County. Cases are not transferred simply because a defendant lives out of town or out of state.

How Long Does a DUI Case Take to Resolve in Lexington County?

The time required to resolve a DUI case varies widely. The fastest resolution occurs when a defendant pleads guilty at the initial court date, which is not what our office is retained to assist with. Any investigation or defense strategy will add time to the process.

After we are retained, we promptly file paperwork and request discovery, often the same day. Discovery is typically received within thirty to sixty days. The court then schedules the case for a pre-trial conference, usually within two to three months. Some cases require multiple pre-trial conferences. If a case proceeds to trial, resolution may take a year or longer. 

If you need a quicker resolution than normal, please let our office know. While the court moves at government speed, there are steps that can be taken to request priority scheduling while still maintaining and enforcing your rights. 

Does a Lexington County DUI Arrest Show Up on Background Checks?

A DUI arrest typically appears as a pending charge on a background check unless the charge is dismissed or you are found not guilty. When a DUI is reduced to reckless driving or another non-DUI offense, the DUI charge is dismissed and can be removed through the expungement process. A DUI conviction results in a permanent criminal record.

What Happens When You Contact Our Office?

We regularly represent clients charged with DUI in Lexington County, Columbia, and throughout South Carolina. We offer free consultations, and same-day appointments are often available. During the consultation, you can explain your situation, ask questions, and discuss concerns in a confidential setting. Upon request, we can provide a fixed-fee quote so you know the total cost of representation. All engagements are governed by written agreement.

After retention, we begin filing the necessary paperwork with the court and, when applicable, the Office of Motor Vehicle Hearings. We then obtain discovery materials, which typically include body-camera footage, dash-camera footage, police reports, field sobriety test documentation, and breath test records.

Why Contact the Law Office of James R. Snell, Jr., LLC

Our office has represented individuals challenging DUI arrests for more than twenty years. Attorney James Snell has significant experience in Lexington County criminal courts and is a past president of the Lexington County Bar Association. His qualifications include authorship of the book South Carolina DUI Defense: The Law and Practice, membership in the National College of DUI Defense, advanced training in alcohol and drug impairment investigations, experience instructing law enforcement officers in standardized field sobriety testing, and participation in precedent-setting DUI litigation before the South Carolina Court of Appeals.