How a DUI case moves through Spartanburg County, step by step

1. Arrest and booking

A DUI arrest in Spartanburg County can be made by Spartanburg Police, the Spartanburg County Sheriff's Office, the S.C. Highway Patrol, or the police in one of the county's towns, such as Duncan, Woodruff, Inman, or Landrum. The agency matters, because it usually decides which court hears the case (step 4). The county jail is the Spartanburg County Detention Center at 950 California Avenue, run by the Sheriff's Office. If you are trying to find someone, call the detention center front desk at 864-596-2607.

If you were asked to take a breath test, the officer also gave you paperwork about it. If you refused or blew 0.15 or more, one of those papers is a Notice of Suspension, and its 30-day clock is already running (step 3).

2. The bond hearing

South Carolina law requires a bond hearing within 24 hours of the arrest for any bailable offense, and release within a reasonable time, no more than four hours, after the bond is delivered to the jail.

The starting point under state law is release on your own recognizance, with no money up front. A judge can instead require a bond with a surety, place you in someone's custody, or set travel or other conditions if the judge decides that is needed to make sure you return to court or to protect the public. In deciding, the court can consider your ties to the area, employment, financial resources, record, and history of missing court dates.

Bond hearings are held by Spartanburg County magistrates at the detention center. The Sheriff's Office says they usually happen every day at 11 a.m., 6 p.m., 9 p.m., and midnight, and after that as needed, every day of the year. The times are not guaranteed; paperwork and the schedule can delay them. The bond court office is open 24 hours at 864-596-3424.

At the hearing the magistrate tells you the charges and your rights and sets a bond. You do not enter a plea. The judge may release you on your own promise to appear (a personal recognizance bond) or require a surety bond, which can be paid in cash, by depositing up to 10% in cash if the judge approves, or with a bondsman or other surety signing for you.

If a money bond is set that you cannot cover, a licensed bondsman can post it for a fee. The bail guide explains what state law allows a bondsman to charge.

3. The DMV deadline

If you received a Notice of Suspension, you have 30 days from the date it was issued to request a contested case hearing with the S.C. Office of Motor Vehicle Hearings and get a temporary alcohol license. This happens on a separate track from your court case and does not wait for it. The DMV hearing guide explains how to file.

4. Which court will hear the case

Your ticket or warrant lists the court and the first date. As a rule of thumb:

State law lets a first-offense DUI be tried in magistrate court. Higher offenses carry penalties beyond what magistrate and municipal courts can impose, so they start in General Sessions. The solicitor can ask to move a case carrying up to $5,500 or a year to a lower court, but must tell the defendant, who can object. In Spartanburg County, General Sessions cases are prosecuted by the Seventh Circuit Solicitor's Office, on the 5th floor of the courthouse at 180 Magnolia Street.

Nearly every court in the county seat is under one roof. The Spartanburg County Courthouse at 180 Magnolia Street holds the central magistrate court, the city's municipal court, the Clerk of Court, the solicitor, and the public defender.

5. A lawyer, or a public defender

You have the right to an attorney. If you cannot afford one, you can apply for a public defender. State law (S.C. Code § 17-3-30) sets a $40 application fee, collected by the clerk of court, which the clerk can waive or reduce if you cannot pay it. In Spartanburg County the office is the Seventh Circuit Public Defender, 180 Magnolia Street, Suite 2137, Spartanburg, SC 29306, 864-596-2561.

Apply as early as you can. Waiting on an appointment does not pause the 30-day DMV deadline, and you still have to appear on every date in your bond paperwork. For choosing a private attorney, see the DUI lawyer guide.

6. Trial, plea, or dismissal

A DUI case ends in a dismissal, a plea, or a trial. Pretrial intervention is not available for DUI or DUAC charges under state law.

You have a right to a jury trial. In magistrate court the jury is six people. Ask the court on your ticket how and when to request a jury trial, because entering a plea generally gives up that right.

Spartanburg County Magistrate Court handles jury trial questions at 864-596-2730. Spartanburg Municipal Court can be reached at 864-596-2038.

The possible penalties by offense and BAC level are in the penalties guide.

7. After a conviction

A conviction sets off several requirements, roughly in this order:

1. ADSAP enrollment, the state's alcohol and drug program, through The Forrester Center in Spartanburg (ADSAP guide)
2. The ignition interlock program, which is how every offender ends the license suspension (interlock guide)
3. SR-22 proof of insurance, filed by your insurer with the DMV (SR-22 guide)
4. License reinstatement through the DMV once the requirements are met

If you live outside South Carolina, the out-of-state guide explains how these steps reach your home state.