Facing a DUI charge in South Carolina raises three questions almost immediately: whether a court appearance is required right away, whether a conviction is likely, and whether jail time is on the table. Greg McCollum of the Complete Legal Defense Team addresses each of these based on his experience handling DUI cases in the Myrtle Beach area.
Frequently Asked Questions
Do I Have to Go to Court on My South Carolina DUI Charge?
When you’re in jail after the bond hearing, the judge gives you a court date, and that court date comes up quickly. It’s usually set sometimes within a week, sometimes two weeks out. So it seems like you’re going to court right away, but you’re not. What’s going to happen is you have a right to a jury trial.
So the first thing we’re going to do is demand a jury trial, and that automatically delays your case for about five to six months. At that point, there’s a process that we go through, and in a lot of cases we go to court for you, but you may never go to court.
Will I Get Convicted on My DUI Charge?
Amazingly, most of the DUI cases that we handle, probably 90 to 95 percent of them, maybe more, get reduced to what’s called a reckless driving. Reckless driving is just a ticket. It’s not a good ticket, it’s a six-point ticket, and there’s a $445 to $450 fine or something like that, but probably not.
And you may never even go to court. It seems kind of amazing because somebody’s charged with DUI and it’s super serious, but there are a lot of these cases made and there’s not enough court to handle all the cases, and that drags it down, so probably not.
Will I Go to Jail on My South Carolina DUI Charge?
Everything you hear is that a DUI carries up to 30 days in jail and there is a mandatory minimum. But in our experience, in all the cases we’ve done, which are hundreds and hundreds of cases, if not thousands, for DUI first, we’ve never had anybody go to jail.
When you get arrested, you go to jail, and that’s traumatic. But the question is, when your case is resolved, are you going to jail? No, you’re not going to jail. It’s something that can be worked out. If we get your DUI dismissed, which is our goal, then you’re certainly not going to jail. But even if the worst thing happens and you get convicted, no, you’re not going to jail.
Greg McCollum brings nearly 30 years of legal experience to South Carolina DUI defense, including experience as a former prosecutor, which gives him insight into how these cases are built and resolved by the prosecution. For anyone facing a DUI charge in South Carolina, understanding the court process, potential outcomes, and possible consequences can help in deciding how to move forward.
If you have questions about a South Carolina DUI charge, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.