A DUI arrest in Myrtle Beach sets off both a criminal case and a separate license process, and each one has its own deadlines. A person arrested for DUI in South Carolina can lose driving privileges before the criminal case is ever heard in court if certain paperwork is not filed on time. The Greg McCollum Complete Legal Defense Team handles DUI arrests throughout the Myrtle Beach area and works with clients through each stage of this process.
How a DUI Investigation Often Begins in Myrtle Beach
Many DUI cases in the Myrtle Beach area start with a single-car accident. Someone calls 911 for medical help or roadside assistance, and that call is routed to law enforcement, often the South Carolina Highway Patrol. Once a trooper arrives at the scene of a wreck, especially late at night or after midnight, the investigation frequently starts from the assumption that alcohol may have been involved.
One of the first things a trooper tries to establish is who was driving the vehicle. This matters because proving someone was the driver is a required element of a DUI charge in South Carolina. The fact that a car is registered to a particular person does not, by itself, prove that person was driving it. Troopers often rely on the driver’s own statements at the scene to establish this fact, since outside witnesses who can confirm who was behind the wheel are not always present.
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Field Sobriety Tests Used by South Carolina Troopers
South Carolina troopers commonly use a set of standardized field sobriety tests during a DUI stop, including the horizontal gaze nystagmus test, the one-leg stand, and the walk-and-turn test. In the horizontal gaze nystagmus test, the driver is asked to follow a pen or light with their eyes to check for involuntary eye movement. In the one-leg stand, the driver lifts one foot six to eight inches off the ground, points the toe, looks down at it, and counts aloud for a period the trooper does not specify in advance. In the walk-and-turn test, the driver walks heel to toe for nine steps, counting each step aloud, then pivots and walks back, all without using their arms for balance.
These tests can be difficult to perform correctly even for a driver who has not been drinking, particularly at night or under the stress of flashing lights with other cars driving by. A trooper who has performed these demonstrations many times may present them as routine, but a driver attempting them for the first time faces a real risk of appearing unsteady regardless of impairment.
What Happens During Transport to Jail
After an arrest, a driver in South Carolina is typically handcuffed behind the back and placed in the front seat of the patrol vehicle for the ride to jail, which can take 35 to 40 minutes depending on location. An in-car camera records the driver during this time. This footage can later be used as evidence of a driver’s behavior and demeanor, whether the driver talks, stays quiet, or falls asleep during the ride.
The Breath Test and the Right to Refuse
Once at the jail, a driver is typically offered a breath test, but only after a required 20-minute waiting period intended to let any alcohol in the mouth dissipate before testing. A driver in South Carolina is not required to take the breath test. However, refusing the test triggers an automatic driver’s license suspension, separate from any outcome in the criminal DUI case itself.
The 30-Day Deadline to Request a DMV Hearing
When a breath test refusal or failure triggers a license suspension, South Carolina law allows a driver to request an administrative hearing to seek a temporary alcohol license and contest the suspension. This request must be filed with a $200 administrative fee and must actually be received by the DMV’s administrative hearing office within 30 days of the arrest. Mailing the request does not satisfy the deadline; if it arrives on the 31st day, it will not be accepted, even if it was sent in time to arrive under normal circumstances.
This 30-day window is easy to miss because the paperwork explaining it is provided to a driver at the time of release from jail, when they may not have their phone, their car, or a driver’s license, and the document itself is often confusing to read without legal help.
What Happens If the Deadline Is Missed
If the 30-day request is not filed in time, the license suspension goes into effect automatically. This can require the driver to enroll in South Carolina’s Alcohol and Drug Safety Action Program, known as ADSAP, at a cost of $500 to $1,000 for roughly six weeks of classes. Depending on the circumstances, it can also require installation of an ignition interlock device, which requires a breath sample before the car will start, for a period of around six months at the driver’s own expense. These consequences can occur before the underlying DUI charge has even gone to trial, and if the driver is later convicted of DUI, some of these same requirements may apply again.
How Long a South Carolina DUI Case Can Take to Resolve
In South Carolina, DUI defense attorneys commonly request a jury trial, which places the case on a longer court docket. It is common for a DUI case to take 6 to 9 months or more to reach trial, in part because a typical week of DUI court in a given jurisdiction may only have capacity to try a handful of cases. Because of this volume, many DUI cases are resolved through pretrial negotiation rather than trial.
Frequently Asked Questions
What is the first thing police try to establish after a DUI accident in South Carolina? Troopers typically try to establish who was driving the vehicle, since this is a required element of a DUI charge. Vehicle registration alone does not prove who was driving.
Am I required to take the breath test after a DUI arrest in South Carolina? No. A driver is not required to take the breath test. However, refusing it triggers an automatic driver’s license suspension separate from the criminal case.
How long do I have to request a DMV hearing after a DUI arrest in South Carolina? A request must actually be received by the DMV’s administrative hearing office within 30 days of the arrest. Mailing it before the deadline is not enough if it does not arrive in time.
What happens if I miss the 30-day deadline to request a hearing? The license suspension goes into effect automatically, which can require enrollment in South Carolina’s ADSAP alcohol safety program at a cost of $500 to $1,000, and in some cases installation of an ignition interlock device for around six months.
How long does a DUI case typically take to resolve in South Carolina? Many DUI cases take 6 to 9 months or longer to reach trial because of jury trial requests and limited court capacity, and many are resolved through pretrial negotiation.
The days immediately after a DUI arrest in Myrtle Beach involve deadlines that can affect a driver’s license long before the criminal case is resolved. Greg McCollum has practiced criminal defense for close to 30 years and previously worked as a prosecutor, which gives him insight into how these cases are built and negotiated on both sides. The Complete Legal Defense Team assists clients with both the DMV hearing process and the underlying DUI charge.
If you have questions about a DUI arrest, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.
