Following a Columbia DUI Arrest

Being arrested for drinking and driving can be a stressful and overwhelming experience. DUI charges carry very serious consequences, which is why it is important that everyone knows what to do following a Columbia DUI arrest. An experienced DUI lawyer could keep your best interests in mind and ensure that your rights are being protected. If you have been charged with a DUI, schedule a consultation with a well-established defense lawyer. A capable legal advocate could fight for you.

Where Individuals are Taken Immediately After an Arrest

Following a Columbia DUI arrest, a person is taken to one of two places. Where they are booked depends on if they were arrested in Lexington County, Richland County, or the City of Columbia. Columbia is located in both Lexington and Richland counties. If the person is arrested in Lexington County, they are taken to the county detention center on Gibson road. If the arrest is in the City of Columbia, they are booked at the Alvin S. Glenn Detention Center on Bluff road.

Process of Being Booked

When someone is arrested and taken to the detention center, they go through the booking process. When someone is booked, they must provide all their basic information, such as their name, date of birth, and other basic information. Then they will have a mugshot taken and have a bond hearing within 24 hours after their arrest. Richland County has bond hearings frequently throughout the day. In Lexington County, they have bond hearings twice a day, at 10 a.m. and 3 p.m., but they are still required to give a person a bond hearing within 24 hours of their arrest.

Pleading the Fifth

Unfortunately, most police officers will not allow someone to call a lawyer immediately after they have been pulled over for suspicion of drunk driving. The police generally will not let a person speak with a lawyer right there on the side of the road. However, the individual has the right not to answer the police’s questions by invoking their Fifth Amendment right to remain silent and not incriminate themselves.

People have the right to refuse to answer investigative questions. For example, the individual does not have to answer questions about how much they have had to drink, where they are coming from, and where they are going. The driver only needs to provide their driver’s license, proof of insurance, and proof of registration to the officer. One of the biggest mistakes a person can make during a DUI stop is answering investigative questions that could incriminate themselves.

Although the police may not let the person call a lawyer in the moment of a DUI stop, the individual will eventually be able to speak to a lawyer.

Bond Hearings Following a DUI Arrest in Columbia

A person will have a bond hearing within 24 hours following a Columbia DUI arrest. At the bond hearing, it is important for the defendant to have a lawyer to represent them. An attorney can act as a shield between the defendant and the government. At a bond hearing, there are two types of bonds given. One bond is called a personal recognizance and the other is a surety bond, where they go to a bondsman.

Depending on the facts of the case, the magistrate judge or municipal court judge deems the defendant a flight risk or a danger to the community, then they may deny a bond. However, a lawyer could build the best possible argument for why a personal recognizance bond would be necessary. If the judge is not willing to do a personal recognizance bond and would rather do a surety bond, then the attorney will try to get the lowest surety bond possible for the defendant. An experienced DUI attorney could be an invaluable asset.