What to Do After a DUI Arrest in Berkeley County, Charleston County, or Dorchester County, SC

Getting arrested for a DUI in South Carolina can be one of the most stressful experiences of your life. Whether it happens in Charleston, Berkeley, or Dorchester, or anywhere throughout the state, the steps you take immediately after your arrest can have a major impact on the outcome of your case. Understanding your rights, the legal process, and what to avoid can help protect your license, your record, and your future.

Understanding a DUI Charge in South Carolina

Driving under the influence (DUI) is taken seriously throughout South Carolina. State law prohibits operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol or drugs. Law enforcement agencies across the Lowcountry and other counties in the state - routinely conduct DUI checkpoints and traffic stops to enforce these laws.

Even a first-time DUI charge can lead to serious consequences, including license suspension, fines, mandatory programs, ignition interlock devices, and possible jail time. The penalties increase with higher BAC levels, prior convictions, or if an accident or injury occurred.

Step 1: Stay Calm and Cooperate Respectfully

If you’re stopped by police in Berkeley County, Charleston County, or anywhere in South Carolina, stay calm, keep your hands visible, and cooperate respectfully. Arguing or acting aggressively can escalate the situation and lead to additional charges. Provide your license, registration, and proof of insurance when requested. However, remember that you have the right to remain silent when officers begin asking investigative questions about drinking or drug use.

Step 2: Know Your Rights During a DUI Stop

You are not required to perform field sobriety tests such as the walk-and-turn or one-leg stand. You may politely decline, though refusal may still influence how law enforcement proceeds. If you refuse a breath test, South Carolina’s implied consent law allows the Department of Motor Vehicles to suspend your driver’s license immediately. However, this does not mean you are guilty—it simply triggers a separate administrative process that can be challenged.

Step 3: Document Everything After the Arrest

After a DUI arrest, write down everything you remember about the stop, including the officer’s statements, your behavior, and testing procedures. This information can help identify errors or violations of your rights. Every law enforcement agency must follow specific arrest and testing protocols. Failing to follow these procedures can sometimes result in evidence being thrown out.

Step 4: Request an Administrative Hearing Quickly

If your license was suspended due to a breath test refusal or failure, you have only 30 days to request an administrative hearing with the South Carolina Office of Motor Vehicle Hearings. Missing this deadline can mean losing your driving privileges for several months. Residents in Charleston, Berkeley, Dorchester, and neighboring counties should act immediately to preserve their right to challenge the suspension.

Step 5: Prepare for Your Court Appearance

DUI cases in South Carolina are handled in municipal, magistrate, or circuit courts depending on the jurisdiction and severity of the charge. In Berkeley and Charleston County, first-offense DUI cases are often heard in magistrate courts or city courts such as North Charleston, Mount Pleasant, Moncks Corner or Goose Creek. Higher-level charges may go to General Sessions Court. Understanding which court your case is in and what to expect at each stage can help you prepare effectively.

Step 6: Understand the Penalties and Consequences

A DUI conviction in South Carolina can lead to fines, jail time, ignition interlock requirement, probation, alcohol education programs, and license suspension. The severity depends on factors such as prior DUI convictions, BAC level, and whether an accident occurred. Courts apply these penalties consistently with state law, though sentencing can vary by judge. A conviction can also affect employment, professional licensing, and auto insurance rates for years to come.

Step 7: Avoid Common Mistakes After a DUI Arrest

After being charged with DUI in South Carolina, many people make avoidable mistakes such as talking about their case on social media, ignoring paperwork deadlines, or pleading guilty without understanding all consequences. Every detail—from how the stop was conducted to how the breath test was administered—can impact the case outcome. Taking early, informed steps gives you a better chance of achieving a favorable resolution.

Step 8: Focus on Building Your Defense

Every DUI case in South Carolina is different. Factors such as improper police procedure, unreliable breath test equipment, or medical conditions affecting test results can all be part of a strong defense. Cities and counties throughout the state see a high volume of DUI cases, and each jurisdiction has its own local court procedures and prosecutorial approaches. A detailed investigation into the evidence can reveal weaknesses that might reduce or dismiss charges.

Statewide Perspective: DUI Laws Across South Carolina

While this article highlights Charleston County and Berkeley County, DUI laws and penalties apply equally in every part of South Carolina. Drivers in smaller counties such as Colleton, Orangeburg, Kershaw, or Georgetown face the same statutes and legal timelines. What varies are the local court systems and the resources available for handling DUI cases. Understanding both state law and county-specific procedures ensures consistency and fairness in how a case is managed.

Conclusion

A DUI arrest does not have to define your future. Understanding what to do immediately after your arrest, knowing your rights, and following the proper steps can make a substantial difference in how your case unfolds. The key is to act quickly, stay informed, and handle the situation with care and attention to detail.