Getting arrested for a DUI is a stressful experience, especially when it’s your first offense. You’re often treated like a hardened criminal and assumed to have willfully endangered others with your actions. And when you’re facing an upcoming court date, it can easily feel like you’re heading into the unknown. While your South Carolina DUI defense attorney will be able to guide you through the process, it’s still helpful to have a general idea of what may happen during the different hearings and trials you may face. Here’s what you need to know.
What Happens During an Implied Consent Hearing?
When you’re arrested for DUI in South Carolina, your driver’s license will be suspended, and you’ll have the right to request an implied consent hearing. You must request this hearing within 30 days of your license suspension. The purpose of this hearing is to determine if your license should be reinstated.
You’ll appear in front of an administrative hearing officer who will ask the officer who arrested you to prove that they did so legally. If there are any questions about the way the tests were administered or the legality of the stop, your license will likely be reinstated. During this trial, the full burden of proof lies with the arresting officer. You’ll want to attend the hearing, but you won’t be responsible for proving your innocence.
What Happens During a Bench Trial?
Bench trials happen in front of a judge and are designed to address the charges against you if you do not immediately plead guilty to your charges. During these hearings, your attorney will argue your case against the prosecuting attorney, and the judge will render a decision based on those arguments. There is no jury involved, which makes the trial shorter. But it’s not always the best choice. If there’s a chance that a jury of your peers could find you innocent, a bench trial could be a bad choice.
What Happens During a Jury Trial?
When you’re arrested for DUI, you’re entitled to request a jury trial. These trials are overseen by a judge and allow your defense attorney and the state’s prosecuting attorney to present their arguments. But unlike bench trials, jury trial decisions are determined by a panel of your peers. The jury members will come from all walks of life and have all manner of life experiences.
The trials themselves can take longer since the jury will need to deliberate based on the evidence presented in court. But most juries tend to see the humanity in each defendant. This can work to your advantage as they may be more willing to listen to your side of the story.
How to Decide Which Trial Is Best
Though your case will likely go to court, choosing between a bench and jury trial can seem confusing. Ultimately, your South Carolina DUI defense attorney will recommend a specific trial type based on your case and your unique situation. They’ll consider your history, your side of the story, and any evidence that may be used against you to recommend the best course of action. Keep in mind that many DUI cases end up going to jury trials. If you decide to go this route, be patient and trust your legal expert.
How Your South Carolina DUI Defense Attorney Will Help
Though you can represent yourself in court, working with a DUI defense attorney is always a good choice. They have the experience and training needed to represent your story and help the judge and any jury members see that your actions do not represent who you are as a person nor do they represent the guarantee that you’ll drive under the influence in the future.
If you’re looking for a reliable DUI defense attorney, look no further than Truslow & Truslow. Contact us today to schedule a consultation.