Lexington DUI Cases

The location of a DUI hearing depends on whether it is a first, second, third, or subsequent offense. First offenses are usually heard at the Lexington Magistrate Court unless there is a municipality where the case is heard at the specific municipality.

The DUI case could be heard at the Lexington Magistrate Court, which is often referred to as the old courthouse in Lexingon. When there is a specific municipality, the case could be tried in the town of Lexington, the city of Cayce, Springdale, or West Columbia. Those municipalities have a DUI court. It depends on which law enforcement agency was involved and the nature of the charge.

For a second, third, or subsequent offense, the case is held in the General Sessions Court at the main courthouse at Marc H. Westbrook Courthouse.

The time needed for a Lexington DUI case depends on the nature of the case. It can be anywhere from a few months to a year depending on the facts and circumstances involved.

If you are facing charges, consult with a skilled attorney who is experienced with Lexington DUI cases. Let a dedicated DUI lawyer advocate for you.

Bench Trials

For magistrate and municipal court cases, the summary court cases are usually scheduled for a bench trial so that if the person does not show up, the prosecutor can try them in their absence also known as a trial in absentia (TIA) case if the party does not appear in court.

General Sessions Court cases are not automatically set as bench or jury trials. The individual defendant has a first appearance and second appearance and then a case hasto decide whether it is going to trial or a guilty plea. The magistrate or municipal court are almost always initially scheduled for either a bench trial or a pretrial hearing. For more information consult with a knowledgeable lawyer.

Prosecuting DUI Cases in Lexington

Due to the large number of DUIs that occur in Lexington County, the prosecutors are extremely aggressive in prosecuting driving under the influence cases.

For a DUI case, the prosecutor must prove that the person was driving a motor vehicle within the State of South Carolina while under the influence of alcohol or drugs to the extent that their faculties were materially and appreciably impaired.

There are many other definitions where a defense attorney has to break down each one of the elements. The first element is the driving portion, the second element is whether it constitutes a motor vehicle. The third is whether the incident occurred in the State of South Carolina (and the county or municipality the court is located in). The fourth element is whether a defendant was under the influence of alcohol or drugs. The fifth is the extent that the person’s faculties were materially and appreciably impaired.

Evidence in DUI Cases

The State will likely show many different types of evidence in a DUI case. This could include a dashcam video from the arresting officer’s vehicle. The officer will testify as to what happened during the stop. They will also present any evidence related to standard field sobriety tests.

The officer testifies as to whether a person was provided Miranda rights, placed under arrest, and provides any evidence of bad driving. The law enforcement officer identifies the indicators of impairment, They testify as to whether they smelled the odor of alcohol, and the driver had slurred speech or glassy eyeballs.

The other evidence is obtained at the testing site. When there was a breath test, evidence about whether the officer offered the individual their implied consent right is presented. Evidence as to whether the officer followed through the statutory requirements of offering the breath test properly. If they offered a breath test, the breath test results, the blood alcohol analysis report, and the video on SLED’s database that shows the breath test are submitted as evidence.

Call today to learn more about Lexington DUI cases and how an attorney could help you.