Stopped on Suspicion of DUI in Charleston? A Plain - English Guide to Hearings, Deadlines, and the Court Process A DUI arrest in South Carolina rarely feels like one problem. It feels like several at once: a court date, a vehicle that may need to be retrieved, questions at work, and paperwork that uses terms most people have never heard. Many drivers are surprised to learn that the arrest starts in two separate processes, one in criminal court and one involving driving privileges, and that each has its own timeline. At Futeral and Nelson, LLC, our attorneys work with South Carolina residents facing impaired driving charges. This article is meant to help Charleston drivers understand how these cases generally move, what deadlines can apply, and what to think about when looking for legal guidance. A charge is not a conviction, and every person is presumed innocent until proven otherwise. Section One: How South Carolina Charges Impaired Driving South Carolina law uses two related charges. A DUI generally requires the state to show that a person's normal faculties were materially and appreciably impaired by alcohol, drugs, or a combination of the two. A DUAC, short for driving with an unlawful alcohol concentration, is based on a chemical test result at or above a set level, which is .08 for most adult drivers. The evidence, the legal standards, and the questions that come up can differ between the two. Drivers searching for DUI attorneys in Charleston often want to start with practical questions. What exactly am I charged with? What is the date of my hearing? What happens if I refuse a breath test? These are sensible topics for an initial conversation, and the answers depend on the facts of the stop, the arrest, and any testing that took place. The type of charge matters as well. A DUAC charge raises different questions from a standard DUI, and other situations, such as an offense involving a prior record or an accident with injuries, can change how a case is classified. Understanding the specific charge listed on your paperwork is a first step. Section Two: Two Processes, Two Timelines After a DUI arrest, a driver may face a criminal case in court and a separate administrative process through the state agency that handles driving privileges. Because South Carolina treats driving as a privilege with its own rules, a person can have a pending criminal case and an administrative matter on the calendar at the same time. One deadline is especially important. A driver who refused a breath test or whose test result was at or above the legal limit generally has only thirty days from the date of arrest to request a hearing to challenge the administrative suspension. Missing that window can close the door on that hearing, regardless of how the criminal case is later resolved. Acting early also gives more time to gather information. That can include the incident report, video from the patrol vehicle and body camera, records about how the breath - testing equipment was maintained, and dispatch records from the time of the stop. Reviewing this material early helps a person and an attorney understand the case and discuss options. Many people find it helpful to read general background before a first meeting. The firm publishes a free guide, DUI in South Carolina , that walks through common questions about the process. Section Three: Evaluating a Case and the Local Court Process Looking at the evidence in a DUI case usually goes well beyond the arrest report. Reviewers consider the reason for the traffic stop, how field sobriety exercises were given, the officer's observations, the way a chemical test was administered, and whether procedures were followed. Each piece may raise questions worth discussing. Cases in the Charleston area move through different courts depending on the location and the seriousness of the charge. Magistrate and municipal courts handle many first - time matters, and each court has its own scheduling and local practices. Charleston, North Charleston, and Mount Pleasant can each feel different to a person who has never been through the process. Prior history can change pictures . A second offense of DUI or a felony DUI involving injury carries different potential consequences and is handled differently by the courts. People facing these charges often want to talk about how a prior record affects what comes next, and the answer depends on the details of each case. One detail surprises many drivers: under current South Carolina law, DUI and DUAC convictions are generally not eligible for expungement. That makes the early handling of a charge especially important. General information about expungement in South Carolina can help explain which records may qualify and which may not. Why Charleston Residents Contact Futeral and Nelson, LLC Our firm works with people throughout Charleston, Berkeley, and Dorchester counties who are facing impaired driving charges and other matters. Our attorneys stay familiar with the local courts, and our practice also includes broader criminal defense, including boating under the influence charges, as well as family law, personal injury, and business law matters, so clients with overlapping concerns can talk through them in one place. We believe in clear communication, honest conversations about options, and taking every person's situation seriously. Every case is different, and outcomes depend on the specific facts. Frequently Asked Questions How long do I have to request a hearing after a DUI arrest in South Carolina? South Carolina generally allows thirty days from the date of arrest to request a hearing challenging an administrative suspension. Missing that deadline can end the right to that hearing, no matter how the criminal case turns out. Can a DUI or DUAC be expunged in South Carolina? Under current South Carolina law, DUI and DUAC convictions are generally not eligible for expungement. That differs from how many other misdemeanor charges are treated, so early decisions in a case matter. What is the difference between a DUI and a DUAC? A DUI focuses on whether a person's normal faculties were materially impaired, while a DUAC is based on a chemical test result at or above a set limit. The evidence and legal questions can differ between the two. Legal Disclaimer This article is provided for general informational purposes only and does not constitute legal advice. Laws change over time, and the application of any legal principle depends on the specific facts of each situation. Reading this content does not create an attorney client relationship with Futeral and Nelson, LLC . Anyone facing a DUI charge should speak directly with an attorney about their individual circumstances before making decisions that could affect their legal rights. Contact Futeral and Nelson, LLC Address: 534 Johnnie Dodds Blvd., Suite 202, Mt. Pleasant, SC 29464 Phone: 843 - 284 - 5500 Website: https://charlestonlaw.net/ LinkedIn: https://www.linkedin.com/company/futeral - & - nelson - llc/ Facebook: https://www.facebook.com/futerallawfirm