What to Do If You’re Arrested for DUI in South Carolina

Alexa Holloway | Oct 23 2025 14:00

Getting arrested for driving under the influence (DUI) in South Carolina can be overwhelming. You may be frightened, confused, and unsure of what comes next. Understanding your rights and the legal process can make a major difference in how your case unfolds.

At Holloway Law in Greenville, South Carolina, we help individuals across the Upstate navigate DUI charges with clarity and confidence. Here’s a step-by-step overview of what happens after a DUI arrest — and how to protect yourself at every stage.

Step 1: The Traffic Stop and Arrest

Most DUI cases in South Carolina begin with a traffic stop. Officers may pull you over for swerving, speeding, or another traffic violation. They will observe your behavior and may ask you to perform field sobriety tests or take a breathalyzer test.

If the officer believes you are impaired, you’ll be arrested and taken into custody. This starts the formal DUI process. The officer will file an incident report and issue a ticket or notice of suspension if you refused the breath test.

Important: Under South Carolina’s implied consent law, refusing a breath test can result in an automatic driver’s license suspension by the Department of Motor Vehicles (DMV).

Step 2: Booking and Bond Hearing

After your arrest, you’ll be booked at the local detention center — typically the Greenville County Detention Center if you’re arrested in the Upstate. Your fingerprints and photo will be taken, and you’ll remain in custody until your bond hearing, usually held within 24 hours.

At the bond hearing, a magistrate judge will determine whether you can be released and what conditions apply. The amount of bond varies depending on prior offenses, the severity of the incident, and other factors.

Step 3: Understanding the DUI Charges

In South Carolina, DUI charges depend on your blood alcohol concentration (BAC) and whether you have prior offenses. Common categories include:

  • First-Offense DUI – BAC of 0.08% or higher

  • Second or Third DUI – Enhanced penalties and mandatory jail time

  • Felony DUI – When an accident causes great bodily injury or death

Each carries serious penalties — fines, license suspension, ignition interlock requirements, and potential jail time.

Step 4: Requesting an Administrative Hearing (10-Day Rule)

If your license was suspended for refusing or failing a breath test, you have only 10 days from your arrest to request an administrative hearing with the South Carolina Office of Motor Vehicle Hearings (OMVH). This hearing determines whether your license suspension can be lifted or modified.

Missing this deadline means automatic suspension, so prompt action is critical.

Step 5: The Court Process in Greenville and the Upstate

DUI cases are first handled in municipal or magistrate court — depending on where the arrest occurred. In Greenville County, many cases begin in the Greenville Municipal Court or Greenville County Magistrate Court.

Key stages include:

  1. Initial Court Appearance / Arraignment – You are formally charged and enter a plea.

  2. Discovery Phase – Evidence such as dashcam video, breath test results, and witness statements are exchanged.

  3. Pre-Trial Motions – Your attorney may challenge the legality of the stop, arrest, or test results.

  4. Trial or Plea Negotiations – Depending on the case, you may proceed to trial or negotiate a resolution.

Each court in the Upstate — including Spartanburg, Anderson, and Pickens counties — may have slightly different procedures and scheduling timelines.

Step 6: Know Your Rights

Even during a stressful DUI arrest, you have constitutional rights that must be respected:

  • The right to remain silent — you are not required to answer incriminating questions.

  • The right to an attorney — you may consult with a lawyer before answering questions or submitting to certain tests.

  • The right to challenge the stop, arrest, and testing procedures.

Understanding and asserting these rights early can influence the outcome of your case.

Step 7: Possible Penalties and Consequences

A DUI conviction in South Carolina can result in:

  • Fines ranging from hundreds to thousands of dollars

  • Driver’s license suspension or revocation

  • Mandatory alcohol and drug safety programs

  • Community service or jail time

  • Increased insurance premiums and long-term record impact

For repeat offenders, penalties increase sharply — including potential felony DUI charges for serious injury or death.

Step 8: How a Greenville DUI Attorney Can Help

DUI law in South Carolina is complex, and every case is unique. A local DUI defense attorney who understands Greenville’s courts, prosecutors, and procedures can help by:

  • Reviewing video and breath test evidence for errors or violations

  • Challenging probable cause or improper traffic stops

  • Negotiating reduced charges or alternative sentencing options

  • Representing you in DMV hearings and criminal court

Because the consequences of a DUI conviction extend far beyond court — affecting your job, license, and reputation — having the right legal representation is critical.

Final Thoughts

Being arrested for a DUI in South Carolina doesn’t automatically mean you’ll be convicted. With experienced legal guidance and a clear understanding of your rights, you can take control of the process and protect your future.

If you’re facing a DUI charge in Greenville or the Upstate, contact Holloway Law to discuss your next steps and understand your options under South Carolina law.