No. South Carolina keeps DUI out of its diversion program. The law that creates pretrial intervention names DUI as a charge that can’t go in. But DUI charges do get dismissed here. It happens through the case itself, not through a program.
If you’re facing a charge, a Greenville DUI defense attorney can tell you what your case looks like. Most DUI cases turn on what the officer did that night.
Why is DUI left out of pretrial intervention?
The statute says so. South Carolina’s pretrial intervention statute lists the charges that can’t be considered. Driving under the influence is on that list. So is driving with an unlawful alcohol concentration.
There’s a second program for traffic offenses. It doesn’t help either. That one only covers offenses punished by a fine, with a loss of four points or less. A DUI is much more serious than that.
What is pretrial intervention for, then?
Other charges. Pretrial intervention is a real program, and it does end cases. It just wasn’t built for impaired driving. The statute keeps out DUI, blackmail, crimes of violence, and traffic offenses.
People often hear about it from a friend who got a different charge dropped. That’s usually what happened. The program worked for them because of what they were charged with.
[H2] So how does a DUI get dismissed in South Carolina?
Through the case. Two things can end a charge without a conviction. A judge or the prosecutor can drop it, or a jury can find you not guilty.
There’s a third path that doesn’t end the charge. It changes it. The DUI gets reduced to something less serious, like reckless driving. That comes up most often on a first offense.
None of those happen on their own, though. Somebody has to push for them.
What does the law make the officer record?
More than most people expect. South Carolina has strict recording rules for DUI arrests. The video at the scene has to start when the officer turns on the blue lights. It has to show the field sobriety tests. It also has to cover the arrest and the Miranda warning.
The breath test site gets recorded too. That video has to show the whole test. It also has to show the twenty-minute wait before it.
Those rules give your lawyer something to check. A stop that skipped a step is a stop worth questioning.
Does a missing video mean my case gets dropped?
Not by itself. This is where people get bad information. The statute says a missing recording is not alone a ground for dismissal. The officer can file a sworn affidavit instead. He has to certify that the equipment didn’t work, or that recording wasn’t possible.
The statute spells out reasons that count. Equipment that broke down counts, as long as the agency kept up its maintenance. A medical emergency counts. So do roadblocks and traffic accidents.
Judges look at the whole picture. So a gap in the video is a place to look. It isn’t a guarantee.
Will a dismissal clear my record?
Not on its own. A dismissal ends the case. The arrest can still show up on a background check. Clearing it is a separate step.
Employers and landlords run those checks. A charge that shows up with no conviction beside it can still raise questions. So the second step matters about as much as the first one.
Our page on dismissal and expungement covers the difference. We also have one on whether a DUI can be expunged in South Carolina.
Charged with DUI in Greenville? Call Smith Jordan Law
The team here at Smith Jordan Law can look at the stop, the tests, the video, and the paperwork, then tell you what we see. One of our attorneys spent 13 years as a prosecutor before he moved to the defense side. He knows how these cases get built. Call (864) 343-2222 or contact us online to request a consultation.