A DUI arrest in Columbia turns one bad night into two separate problems: a criminal charge in court and a driver’s license suspension that runs on its own clock. Most people find out about the second one too late.
A charge is not a conviction. You still have choices, and a few of them expire fast.
Touma Law Group handles criminal defense in Columbia and across South Carolina. Our Columbia office sits at 1820 Bull Street, where our team is ready for you when you are.
The 30-Day Deadline Nobody Tells You About
Two cases open the moment you are arrested, and they move on different tracks.
The first is the criminal case. That one gets a court date, and it runs on the court’s schedule.
The second is administrative. If you refused the breath test, the SCDMV suspends your license for six months on a first offense. If you took the test and blew 0.15 or higher, you face a 30-day suspension. Either way, you have 30 days from the notice of suspension to request a contested hearing with the South Carolina Office of Motor Vehicle Hearings.
A timely request can make you eligible for a temporary alcohol license, which lets many drivers keep driving while the hearing is pending. Let the 30 days pass and that challenge is gone, even if the criminal case later goes well.
This is the single biggest reason to call a DUI attorney in Columbia during the first week, not the week before court.
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How South Carolina Decides You Were Driving Under the Influence
South Carolina gives the State two ways to bring the same arrest into court.
DUI under Section 56-5-2930. The State argues your ability to drive was materially and appreciably impaired by alcohol, drugs, or both. No specific number is required.
DUAC under Section 56-5-2933. The State relies on the number alone, an alcohol concentration of 0.08 or more, with no proof of impairment needed.
Drivers under 21 face a lower threshold of 0.02. Prior DUI and DUAC convictions count for ten years when the prosecuting authority decides whether your case is a first, second, third, or fourth offense.
What a First Offense Conviction Actually Carries
Penalties rise with your blood alcohol concentration:
- Below 0.10: a $400 fine, or 48 hours to 30 days in jail. Courts may allow 48 hours of public service instead of the minimum jail term.
- 0.10 to below 0.16: a $500 fine, or 72 hours to 30 days in jail.
- 0.16 or higher: a $1,000 fine, or 30 to 90 days in jail.
Court assessments add to every fine, and a first offense fine cannot be suspended.
The consequences outside the courtroom last longer. Since May 19, 2024, South Carolina has been an all-offender ignition interlock state. Nearly every DUI or DUAC conviction now requires an interlock device to drive again, six months on a first offense and two years on a second. Enrollment in the Alcohol and Drug Safety Action Program is also required, SR-22 insurance usually follows, and the conviction stays on your record.
Second and later offenses carry mandatory jail exposure. A DUI that causes great bodily injury or death is charged as felony DUI and moves to General Sessions Court.
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Where These Cases Come Apart
Every DUI case rests on evidence that officers collected under rules, and those rules give a defense lawyer something to work with. We review:
- Whether the officer had a lawful reason to stop the vehicle in the first place.
- Whether field sobriety tests were given and scored the way the training manual requires.
- Whether the video recordings at the incident site and the breath test site meet Section 56-5-2953, including the 20-minute observation period and the reading of implied consent rights.
- Whether the DataMaster was maintained and operated correctly by a certified operator.
- Whether you received the implied consent advisement in writing, as the statute requires.
- Whether a medical condition, an injury, or fatigue explains what the officer called impairment.
Nobody can promise what any of this produces. South Carolina’s appellate courts take the video recording statute seriously, and skipping that review is how good issues get missed.
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The Columbia Courts You Could End Up In
Columbia straddles two counties, so the courthouse depends on exactly where the stop happened.
City of Columbia officers send cases to municipal court. Richland County and Lexington County deputies and the Highway Patrol send cases to magistrate court. A first offense misdemeanor DUI usually stays at that level. Felony DUI goes to General Sessions in the county where the arrest occurred, and filings there run through the clerk of court’s office.
The same facts can move differently in Richland County than in Lexington County, and knowing the courtroom is part of the job.
Who Handles Your Case at Our Columbia Office
Adam Touma founded Touma Law Group and leads the Columbia office. He earned his Juris Doctor from the University of South Carolina School of Law, clerked for the Honorable Robin B. Stillwell in the 13th Judicial Circuit, and worked as an assistant public defender in Greenville County. He also serves as a JAG officer in the U.S. Army.
That background shapes how we work a case. We know how the other side builds a DUI file, and we go through it line by line. Touma Law Group is veteran-owned, and our team includes Spanish-speaking staff for clients who are more comfortable handling a legal matter in Spanish.
Call Before the Clock Runs Out
The 30-day window is already running. We offer a free case review, and we handle DUI defense in Columbia, Lexington, Irmo, and the Midlands.
Call our Columbia office at (803) 879-4499 or contact us online to get started before it’s too late.
Frequently Asked Questions
In nearly all cases, yes. South Carolina’s all-offender law took effect on May 19, 2024, and the first-offense period is generally six months.
You can, but that decision locks in the interlock requirement, ADSAP, insurance consequences, and a permanent record. Talk with an attorney about your options before your first court date.
Not automatically. A refusal or a 0.15 or higher result triggers an administrative suspension, and a timely hearing request can make you eligible for a temporary alcohol license while that plays out.
No. A first-offense DUI is a misdemeanor, usually handled in municipal or magistrate court. DUI becomes a felony when the State alleges it caused great bodily injury or death.
