DUI Guide.us

    Resources / South Carolina

    South Carolina DUI Courts: Where Your Case Is Heard

    Which South Carolina court hears a first-offense DUI case, what happens at each stage, and the ZIP codes and counties each courthouse covers.

    How South Carolina DUI courts are organised

    A DUI charge in South Carolina is prosecuted in the Magistrate Court or Municipal Court that serves the county or municipality where the stop happened, not where you live. The clerk's office in that courthouse controls your hearing dates, accepts motions and continuances, and takes payment of fines and court costs. Calendars, filing hours and remote-appearance rules differ from courthouse to courthouse, so confirm them with the clerk before your first date.

    South Carolina tries first-offense DUI in magistrate or municipal court, both courts of record with misdemeanor DUI jurisdiction, while felony DUI — causing great bodily injury or death — is tried in the General Sessions division of the circuit court. Appeals from magistrate or municipal court go to circuit court, with further appeal to the South Carolina Court of Appeals.

    The state judiciary publishes the authoritative directory of courthouses, judges and calendars at sccourts.org. Use it to confirm the address and division for your case number; local listings age quickly.

    South Carolina judiciary — court directory

    Courthouse locations, hearing calendars, clerk contacts and self-help forms.

    SC driver-licensing agency

    The separate licence action, which the criminal court does not decide.

    What happens at each stage in South Carolina

    A DUI case in South Carolina is heard in the Magistrate Court or Municipal Court, and it runs on two tracks at once: the criminal case and a separate licence action you must challenge within 30 days of arrest.

    1. 1Arrest, booking and the chemical test — Officers arrest for DUI under S.C. Code Ann. § 56-5-2930 and request a breath, blood or urine test under South Carolina's implied-consent section, S.C. Code Ann. § 56-5-2950. Refusing carries its own licence penalty, separate from the criminal charge.
    2. 2Licence action — request a hearing within 30 days — Under S.C. Code § 56-5-2951 the SCDMV suspends the licence for a refusal or a qualifying alcohol concentration. You have 30 days from arrest to demand the administrative hearing with South Carolina Department of Motor Vehicles; miss it and the suspension takes effect automatically, whatever happens in court.
    3. 3Arraignment in the Magistrate Court or Municipal Court — The charge is read, a plea is entered and conditions of release are set in the Magistrate Court or Municipal Court. South Carolina tries first-offense DUI in magistrate or municipal court, both courts of record with misdemeanor DUI jurisdiction, while felony DUI — causing great bodily injury or death — is tried in the General Sessions division of the circuit court.
    4. 4Pretrial motions and discovery — Defence counsel obtains the police report, test records and calibration or maintenance logs, and may move to suppress the stop or the test result. Case records are accessible through the Judicial Branch's statewide public index and case management system.
    5. 5Diversion or treatment disposition — The Alcohol and Drug Safety Action Program is the statutory education and treatment programme tied to reinstatement under S.C. Code § 56-5-2990.
    6. 6Plea or trial, then sentencing — A first DUI conviction carries a fine of $400–$1,000, jail exposure up to 30 days, a licence suspension of 6 months. Prior offenses within 10 years push the case into the enhanced-penalty range. Penalties step up with the breath-test result; ADSAP enrollment is standard.
    7. 7Reinstatement — For violations on or after 19 May 2024 an ignition interlock device is required to clear DUI, DUAC and felony DUI suspensions. South Carolina requires a SR-22 certificate of financial responsibility for 3 years before the licence is restored.

    Filing and case handling in South Carolina

    • Case records are accessible through the Judicial Branch's statewide public index and case management system.
    • Municipal courts are courts of record with jurisdiction over certain state DUI offenses.
    • The Alcohol and Drug Safety Action Program is the statutory education and treatment programme tied to reinstatement under S.C. Code § 56-5-2990.
    • There is no general statewide DUI diversion; ADSAP is a reinstatement prerequisite rather than a route to dismissal.

    Whatever the local practice, take your citation or case number to every call — clerks index by case, not by name — and get the payable amount for fines and court costs in writing before you pay.

    South Carolina ZIP codes covered

    These South Carolina ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.

    Browse all South Carolina ZIP codes.

    Counties and cities using these South Carolina resources

    Other South Carolina official resources

    South Carolina Driver Licensing After a DUI: Hearings, Reinstatement & SR-22South Carolina DUI Statutes: The Code Sections That Control Your Case

    Frequently asked questions

    Which court handles a first DUI charge in South Carolina?
    First-offense DUI cases in South Carolina are heard in the Magistrate Court or Municipal Court for the county where the stop happened. The court clerk's office there sets the arraignment date and accepts filings.
    Does the court case decide whether I keep my licence in South Carolina?
    No. The criminal case and the administrative licence action run separately. The licence action is handled by the SC driver-licensing agency, and the request for a hearing is due within 30 days of arrest.