In South Carolina, being arrested for driving under the influence (DUI) does not always mean that a driver will spend the night in jail, but it often does. If you’re arrested due to an officer’s suspicion that you have been driving while impaired, whether you are released quickly or held overnight will depend several concerns play out – including your blood alcohol concentration (BAC), prior offenses, behavior during the arrest and the specific policies of the jurisdiction where the arrest occurred.
Broadly speaking, under South Carolina law, DUI arrests follow a structured process. After being stopped and evaluated—possibly via field sobriety tests or a breath test—officers may place you under arrest if they believe you are impaired. From there, you would typically be taken to a detention center for booking. At this stage, a decision will be made about whether you can be released or must remain in custody for a while.
Potential tipping points
One of the most common reasons for an overnight stay is the mandatory eight-hour holding period that applies in many cases. Law enforcement may decide to hold you until they believe your level of intoxication has decreased to a safe level. This is especially likely if your BAC is above the legal limit of 0.08% or if you appear visibly impaired. Officers have the discretion to hold someone if they believe releasing them would be unsafe to the individual or the public.
If it is your first offense and you are cooperative during the arrest, you may be eligible for early release. This often involves posting a bond or waiting to be brought before a magistrate or judge for a bond hearing. These hearings are typically held within 24 hours of the arrest. In some counties, they may occur more quickly, depending on court availability. If you are granted bond, you may be released that same day, depending on how long processing takes.
Repeat offenses, refusal to comply with testing, aggressive behavior or involvement in an accident may increase the likelihood of a longer stay in jail. In such cases, judges may set a higher bond amount or impose additional release conditions.
With all of this said, whether or not you spend the night in jail, it is important to seek personalized legal guidance as soon as you possibly can in the wake of an arrest. Early action can make a meaningful difference in the outcome of your case—and your future.
