Are You a South Carolina Driver Arrested for DUI in Georgia? What Happens Next?

If you live in South Carolina and were recently arrested for DUI in Georgia, you probably have a lot of questions, which is completely normal. As Georgia DUI Lawyers for South Carolina Drivers, we understand you may be confused, frustrated, and worried about what comes next. The good news is that an arrest is not the same thing as a conviction. You still have the right to defend yourself, and there may be important issues with the traffic stop, field sobriety testing, breath or blood testing, or the way the arrest was handled.

At Lawson & Berry, our Georgia DUI lawyers represent drivers from South Carolina who are charged with DUI in Georgia. We understand that dealing with a Georgia DUI from your home in South Carolina can be confusing. Our job is to help you understand what is happening, protect your rights, and handle as much of the Georgia case as possible on your behalf.

What Happens if You Live in South Carolina, But Your DUI Case Is in Georgia

The first thing to understand is that your South Carolina address does not move your DUI case to South Carolina. If you were arrested in Georgia, your DUI charge will generally be handled in the Georgia court with jurisdiction over the location of the arrest. That means Georgia law applies to the criminal case.

You may be back home in South Carolina after the arrest, but the Georgia case can continue while you are there. Court dates and other deadlines do not disappear simply because you crossed the state line. This is one of the biggest mistakes people make after an out-of-state DUI. They go home, get back to work, and assume they will deal with the case when they have time.

We urge you to not ignore a Georgia DUI simply because you live in South Carolina.

What Happens to Your South Carolina Driver's License?

This is probably one of the first things you want to know. A Georgia DUI does not simply turn your South Carolina driver's license into a Georgia license or allow Georgia to take over your South Carolina driver's license. However, that does not mean a Georgia DUI can never affect your South Carolina driving privileges.

South Carolina law specifically addresses convictions that occur in other states. Under S.C. Code § 56-1-320, the South Carolina Department of Motor Vehicles may suspend or revoke the license of a South Carolina resident after receiving notice of a conviction in another state for an offense that would be grounds for suspension or revocation under South Carolina law.

In other words, what happens with your Georgia DUI can matter in South Carolina.

That is why it is important to look at the Georgia case before simply pleading guilty and assuming the matter is over.

What Is the Georgia DUI 30-Day Letter?

If you have been arrested for DUI in Georgia, you may have heard your lawyer mention a 30-day letter. This is an important part of the Georgia DUI process. Georgia law provides an administrative process for certain driver's-license and driving-privilege suspensions. In qualifying cases, you have 30 days from the required notice to request an administrative hearing and pay the required filing fee. For someone who lives in South Carolina, this deadline can be especially easy to miss. You may have left Georgia shortly after your arrest and gone straight home. Your first court date may be weeks or months away, but the administrative deadline can arrive much sooner.  

Our attorneys evaluate the 30-day issue after a Georgia DUI arrest and determine what action needs to be taken to protect your driving privileges.

The administrative process can involve questions about:

• Why the officer stopped you

• Whether the officer had reasonable grounds for the DUI arrest

• Whether Georgia's implied-consent notice was properly given

• Whether you refused a requested test

• Whether chemical testing was properly conducted

• Whether the requirements for a suspension were met

With over 30 years of experience, our Georgia Attorneys for South Carolina Drivers are intimately familiar with the 30 day letter and how to protect your right to drive in Georgia. We understand that even though you don't live in Georgia, you may not care about your driving privileges being suspended in Georgia. However, if you drive in Georgia for work, vacation, or anything else, you would be putting yourself at risk if you do not file the 30 day letter. 

What If You Were Arrested Near the Georgia-South Carolina Border?

This is particularly important for South Carolina drivers because people travel between the two states every day.

You may live in:

• North Augusta

• Aiken

• Anderson

• Greenville

• Columbia

• Charleston

• or another South Carolina community

and regularly travel into Georgia. You may have been arrested in Augusta, Atlanta, or another Georgia city while visiting friends, going to work, attending an event, shopping, or simply passing through. If the arrest happened in Georgia, the case is still a Georgia DUI case. A South Carolina resident arrested for DUI in Augusta may have to deal with a Georgia court and Georgia DUI laws even though home may be only minutes away. That can make having a Georgia DUI lawyer critical to the outcome of your case. 

What Happens If You Ignore a Georgia DUI?

Going back to South Carolina does not make the Georgia DUI disappear. If you ignore your court date or fail to deal with required paperwork, you can create additional problems. Depending on the circumstances, ignoring the case could result in:

• A missed court appearance

• A warrant

• Additional court problems

• Revocation of your ability to drive in the state of Georgia 

• Difficulty resolving the case later

• Accruing fines and other penalties 

Please do not wait around for your DUI case to resolve itself or make the mistake of thinking Georgia courts don't care about South Carolina DUI drivers. Our Georgia Attorneys for South Carolina Drivers charged with DUI will start working on your case immediately! Don't waste time, call our offices today! 

How Can Our Georgia DUI Lawyers Defend a South Carolina Driver?

Being arrested for DUI does not mean the State automatically has enough evidence to convict you. Our attorneys look at what actually happened during your stop and arrest and will work to dismantle the State's case against you. Some of the potential defenses we will explore include: 

1. Was There a Reason to Stop You? We examine why the officer pulled you over and look into what the alleged traffic violation was and whether the officer had the legal basis required to stop your vehicle? If there was a problem with the initial stop, that can become an important issue in the case.

2. What Happened During the Traffic Stop? We will request all the evidence relating to the arrest and will carefully examine the officer's dash came videos before, during, and after you were arrested. This can include evaluating your driving, speech, statements you made, any field sobriety tests you may have participated in, and more.

3. Were Field Sobriety Tests Conducted Correctly? The field sobriety tests are generally taken on the side of a road, at night, in bad weather, on uneven pavement, or under other difficult conditions. It can be difficult to complete the tests in perfect conditions, much less in not ideal conditions. Factors such as fatigue, medical conditions, physical limitations, footwear, weather, lighting, and the road surface may be relevant depending on the facts of the case.

4. Can the Chemical Test Be Challenged? If the State is relying on a breath, blood, or urine test, we examine the evidence supporting the result. That may include looking at how the sample was collected, how it was handled, whether proper procedures were followed, testing equipment, laboratory procedures, investigating the chain of custody, and whether the evidence is admissible.

5. What Does the Police Video Show? A police report is only one account of what happened. Dash-cam and body-camera footage can sometimes tell a very different story.

Our attorneys review available video and other evidence to determine whether it supports—or contradicts—the allegations in the DUI report.

What Are the Penalties for a Georgia DUI?

The consequences of a Georgia DUI depend on the circumstances of the offense and your prior DUI history.

A first DUI conviction can involve fines, probation, community service, a DUI Risk Reduction Program, and other requirements. Repeat DUI convictions can result in significantly greater penalties. Prior DUI convictions from South Carolina or another state may also be relevant when determining the consequences of a new Georgia DUI. For that reason, you should tell your Georgia DUI attorney about any prior DUI convictions, even if they happened in another state.

What Should You Do After a Georgia DUI Arrest?

If you are a South Carolina resident who has been arrested for DUI in Georgia, there are a few practical steps you should take.

Keep your paperwork.

Do not throw away the citation, bond paperwork, implied-consent notice, temporary permit, or other documents you received.

Pay attention to deadlines.

In particular, find out whether the Georgia 30-day administrative deadline applies to your case.

Do not assume you have to plead guilty.

Talk to a Georgia DUI lawyer before making a decision about your case.

Preserve evidence.

If you have video, photographs, receipts, witness information, medical records, or other information that may explain what happened, keep it.

Get help from someone who handles Georgia DUI cases.

Your case is being prosecuted in Georgia. A lawyer familiar with Georgia DUI law and Georgia courts can help you understand what happens next. Contact us today if you are a South Carolina driver that has been charged with DUI in Georgia. 

Georgia DUI Lawyer for South Carolina Drivers

A Georgia DUI can be stressful enough without having to figure out a foreign court system from your home in South Carolina.

You may be worried about your driver's license, your job, your insurance, your family, and whether you will have to keep traveling back to Georgia.

At Lawson & Berry, our Georgia DUI attorneys have more than 30 years of experience representing people charged with DUI. We understand that an out-of-state driver needs more than a generic DUI defense. You need an attorney who understands Georgia law and the practical problems that come with handling your case from another state.

We can investigate the traffic stop, field sobriety testing, chemical testing, police video, implied-consent issues, and other evidence in your case. We can also help you understand the administrative deadlines and work to resolve your Georgia case as efficiently as possible.

If you are a South Carolina driver who has been charged with DUI in Georgia, contact Lawson & Berry to discuss your case with a Georgia DUI lawyer.

Frequently Asked Questions About Georgia DUI for South Carolina Drivers

Can a Georgia DUI affect my South Carolina driver's license?

Potentially. South Carolina law allows the DMV to suspend or revoke a South Carolina resident's license after receiving notice of certain qualifying convictions in another state.

Will South Carolina find out about my Georgia DUI?

A Georgia DUI conviction can potentially be reported to South Carolina. The consequences depend on what happens with the Georgia case and the applicable South Carolina law.

Can Georgia suspend my South Carolina driver's license?

Georgia generally deals with your privilege to drive in Georgia rather than issuing or suspending your South Carolina license. However, the Georgia case can potentially have consequences in South Carolina.

Can I drive home to South Carolina after a DUI arrest in Georgia?

Whether you can legally drive depends on the circumstances of your arrest and the status of your driving privileges. Do not assume that having a South Carolina license automatically means you can legally drive in Georgia.

What is the 30-day letter for a Georgia DUI?

The 30-day process relates to Georgia's administrative driver's-license suspension procedure. In qualifying cases, a request for an administrative hearing generally must be made within 30 days of the required notice.

Do I have to go back to Georgia for my DUI court date?

Not necessarily for every proceeding. The requirements depend on the court and your particular case. Your attorney can determine which appearances require you to be present.

What if I was arrested for DUI in Augusta but live in South Carolina?

Your DUI case will still be handled under Georgia law because the arrest occurred in Georgia. A Georgia DUI lawyer can help you deal with the Georgia court while you remain at home in South Carolina.

Can a South Carolina DUI count as a prior DUI in Georgia?

A prior DUI conviction from another state may be relevant to how Georgia treats a subsequent DUI. Tell your Georgia attorney about your complete DUI history.

Should I hire a Georgia DUI lawyer if I live in South Carolina?

If you are charged with DUI in Georgia, your criminal case is a Georgia case. A Georgia DUI lawyer can help you understand the Georgia court process, investigate potential defenses, address time-sensitive issues, and determine what can be handled without unnecessary trips to Georgia.