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At a DUI preliminary hearing in Columbia, the state presents evidence in a limited format. You may cross-examine witnesses, but the defense doesn’t submit evidence.
Almost always, the magistrate sends the case to the General Sessions Court for further proceedings, but it’s possible to have the charges dismissed. Our experienced Columbia DUI lawyers can help.
Understanding DUI Preliminary Hearings in Columbia, SC
- DO – Expect the state to provide evidence.
- DON’T – Expect to testify at the hearing.
- DO – Use the preliminary hearing to learn more about the case.
- DON’T – Present a defense at the preliminary hearing.
- DO – Cross-examine the state’s witnesses.
- DON’T – Ask the court to suppress evidence or rule on other preliminary matters. You may address other matters like the bond concurrently.
- DO – Challenge the movement of the case to the General Sessions Court if the state fails to present probable cause.
- DON’T – Waive your right to a hearing without talking to a lawyer.
- DO – Demand your hearing with 10 days’ notice.
What Is the Preliminary Hearing in a DUI Case?
A preliminary hearing in a DUI case is a court hearing held at the magistrate level to evaluate the sufficiency of the charges. It is held pursuant to South Carolina Criminal Court Rules – Rule 2. The hearing is a brief presentation of evidence to determine whether to proceed with charges in the General Sessions Court.
Will I have a preliminary hearing in my DUI case?
If your DUI is a second, third, or subsequent offense, or if you’re charged with causing injury or death, you have the right to a preliminary hearing in your case. First offense DUI charges, without any aggravating factors, may be heard by a magistrate or in a municipal court without a preliminary hearing.
Can you waive the preliminary hearing in a DUI case?
Yes, you can waive the preliminary hearing in a DUI case. Usually, this is done along with plea negotiations. Your attorney can advise you about how to proceed in your case.
How Does a DUI Preliminary Hearing Work in Columbia, SC?
Before the hearing
- You will be told about your right to a preliminary hearing. You should be verbally told and receive a written notice.
- Usually, you’ll be told about your hearing rights at the bond hearing.
- Sign the form and return it to the magistrate to request your hearing.
- You have 10 days after receiving the notice to make the hearing request.
- The preliminary hearing must be held within 10 days.
At the hearing
- The prosecution calls witnesses and presents evidence.
- The rules of evidence do not apply. It will be easier for the state to present evidence here than it is at trial.
- The standard is probable cause. This is a lower standard than is needed to find you guilty at trial.
- Only the prosecution presents evidence. You may question their evidence, but you don’t present evidence at this stage.
Preliminary vs. Pre-Trial Hearings
A preliminary hearing is a type of pre-trial hearing in a Columbia, SC, DUI case. There are multiple types of pre-trial hearings you may have in a DUI case. You may motion the court to suppress evidence, for example. There may be a pre-trial conference or discovery hearings.
These hearings can be critical to the outcome of your case. An attorney can help you create a strategy and fight the charges at all stages.
Key Evidence Presented at a Preliminary Hearing
Evidence presented at a preliminary hearing may include the following:
- Why the officer stopped the vehicle or otherwise started an investigation
- Signs of intoxication
- Driving behavior
- Field sobriety test performance
- Chemical testing
- Identification of the defendant
Witnesses, including law enforcement and others, may testify. Evidence, including documents, photographs, video, and test results, may be admitted.
Can You Challenge the DUI Charge at this Stage?
You can challenge the DUI charge at the preliminary hearing stage. You may challenge the sufficiency of evidence, identifying where the case is weak. The prosecutor will ask the magistrate to transfer the case to the General Sessions Court. You may ask the court not to move the case.
It is rare for a magistrate to decline to move a case forward to the General Sessions Court, so be prepared to move forward. However, your defenses are far from over. They are just beginning.
How DUI Cases Are Handled in Columbia, South Carolina
In a Columbia, South Carolina DUI case, whether you have a preliminary hearing depends on the seriousness of the charges. You have the right to a trial.
The best way to handle your case depends on the strengths and weaknesses of the case, your circumstances, and your wishes. An attorney can help you aggressively fight the charges.
How a Columbia DUI Lawyer Can Help at the Preliminary Hearing
A Columbia DUI lawyer can help you make the most of your preliminary hearing. They can also help with other preliminary matters, including pre-trial motions, plea negotiations, and conditions of bond.
Contact Us
At Shealey Law Firm, we represent people facing DUI charges in Columbia, SC. We handle preliminary hearings. Call or message us to talk to a lawyer now.