Choosing a DUI lawyer in Greenwood

Do you need a lawyer?

The law does not require you to have one. You have a right to an attorney, and if you cannot afford one the court can appoint a public defender. The DMV hearing office says you may represent yourself there, but you are then fully responsible for following its rules.

A DUI runs on two tracks at once:

• the DMV suspension, which has a 30-day deadline to request a hearing (DMV hearing guide), and
• the criminal case in Greenwood Municipal Court, Greenwood County Magistrate Court, or General Sessions at the Greenwood County Courthouse (how the case moves).

They are decided separately, by different offices, under different rules. A lawyer you hire can handle both, and since August 1, 2025, attorneys file DMV hearing requests electronically.

If you cannot afford a lawyer

The Eighth Circuit Public Defender represents people in Greenwood County who qualify. The office is at 528 Monument Street, Greenwood, SC 29646, phone 864-229-9505.

• State law sets a $40 application fee, collected by the clerk of court.
• The clerk can waive or reduce the fee if you cannot pay it.
• You must still appear on the court dates in your bond paperwork while you wait for an attorney to be assigned.

Apply early, so you are not waiting while the 30-day DMV deadline runs. The public defender handles the court case; ask the office directly whether it can help with the DMV hearing.

Finding a private lawyer

The SC Bar Lawyer Referral Service. The South Carolina Bar runs a referral line at (803) 799-7100, staffed 9 a.m. to noon and 1 to 5 p.m., Monday through Friday, with an online request form available around the clock. The Bar says participating lawyers charge no more than $50 for the first 30-minute consultation.

Our directory. The attorney listings are Greenwood-area firms that list DUI defense on their own websites, shown in alphabetical order and labeled as unclaimed until the firm verifies them. A listing is not a recommendation.

Things that are off limits. A bail bondsman is not allowed to recommend or name a lawyer for you, under S.C. Code § 38-53-170. If someone approaches you at the jail or courthouse with a referral, be cautious.

What a DUI lawyer looks at

South Carolina's DUI laws set out specific procedures, and a lawyer will check whether they were followed. These are the kinds of questions the statutes raise:

• The stop and arrest. Was the arrest lawful? That is one of the issues the DMV hearing officer decides.
• The implied consent warnings. Were you given the required rights in writing and out loud, after the recorder was on?
• The breath test. Was it collected within two hours of arrest, by an operator certified by the Criminal Justice Academy, after a simulator check between 0.076 and 0.084, on a machine working properly?
• Your independent test. If you asked for one, did the officer help you get it? If not, the law bars the breath result.
• The video. Did the recording start by the time the blue lights came on, and include field sobriety tests, the arrest, and the 20-minute waiting period before the breath test?
• The prior offenses. Are the earlier offenses really within ten years, and do they count?

The DUI statute itself says a defendant is entitled to a jury trial and can challenge factors including whether the arrest was lawful, the time between arrest and testing, whether the rights were given, the test result, the operator's qualifications, whether the test followed the required procedures, and whether the machine was working properly. Evidence such as field sobriety tests, your driving, and the video can also be introduced by either side. None of this means a case will be dismissed. It is what a lawyer will review.

Questions to ask before you hire

• Do you handle DUI cases in the court where my case is (Greenwood Municipal Court, Greenwood County Magistrate Court, or General Sessions at the Greenwood County Courthouse)?
• Will you handle the DMV hearing too, and will you file it before my 30-day deadline?
• What is your fee, what does it cover, and what costs extra (for example a jury trial or an appeal)?
• Who will actually appear for me: you or someone else in the firm?
• How will you keep me updated, and how quickly do you return calls?
• I live out of state. What will I need to attend in person?

Get the fee agreement in writing. A lawyer who promises a specific outcome is promising something no one can guarantee.

Checking a lawyer

Before you hire, confirm the lawyer is licensed to practice in South Carolina and ask directly about any public discipline. If a lawyer will not answer that plainly, keep looking.

Boating charges and out-of-state drivers

If the arrest happened on Lake Greenwood, say so at the start: boating under the influence is a separate law with its own suspensions, enforced by SCDNR; see the BUI guide. If you live outside South Carolina, say that too, and ask how much of the case can be handled without you. The out-of-state guide explains how a South Carolina suspension and conviction reach your home state.