What Happens After a DUI Arrest in Horry County

Step by step

1. The stop and roadside tests

   South Carolina requires the officer's video to start no later than when the blue lights come on and to include any field sobriety tests, the arrest and the Miranda warning (S.C. Code § 56-5-2953(A)(1)). Refusing a field sobriety test isn't disobeying a police command.

2. The breath test site

   Before the test you're told your implied consent rights. The whole breath test procedure must be recorded, including you being told you're on video and that you can refuse (S.C. Code § 56-5-2953(A)(2)). A refusal or a result of .15 or higher leads to a notice of suspension (S.C. Code § 56-5-2951(A)).

3. Booking

   Fingerprints, photos and paperwork. Depending on the arresting agency, booking happens at a city jail or at J. Reuben Long Detention Center in Conway.

4. Bond court

   A judge sets bond and conditions. In Horry County, bond court is held at the Horry County Magistrate Court at J. Reuben Long Detention Center, 4150 J. Reuben Long Ave., Conway (bond court line: 843-915-5145). If a city police department arrested you, your paperwork shows where bond was set.

5. Release and paperwork

   You leave with a ticket or bond paperwork listing the court, date and time, and possibly a notice of suspension. Photograph everything.

6. Court

   City police cases usually go to that city's municipal court. Highway Patrol and Horry County Police DUI cases go through traffic court, unless a jury trial is requested, in which case they move to Central Jury Court and are prosecuted by the Solicitor's Magistrate Court Division. See every court and address.

The two clocks

Evidence that often matters

• Video from the stop and the breath test site. SC law requires both, and recording problems are a common defense issue (S.C. Code § 56-5-2953).
• The reason for the stop and how field sobriety tests were given (weather, footwear, medical issues).
• The breath test: whether the operator was qualified and the machine was working properly (S.C. Code § 56-5-2930(I)).
• Timing. A DUI can be prosecuted as DUAC only if the test was done within two hours of the arrest.

It's easier to preserve this early. Write down what you remember about the stop while it's fresh, and share it only with your attorney.

Your first court date

The first setting is often about the charge, your rights and scheduling, not a full trial. It's still mandatory unless the court and your attorney arrange otherwise. If you can't make it, read missed court or worried about a warrant before the date.

Frequently asked questions

Related guides