The question I hear most after a DUI arrest isn't about jail or fines. It's quieter than that: "I've got a consultation Thursday. What am I supposed to ask?"
Most people show up to that first meeting with a folded ticket, a bond receipt and a phone full of late-night searches. Then they spend the hour nodding. I understand why. But a first DUI consultation works best as a two-way conversation, and the questions you bring decide how much you walk out knowing.
One note before the list. This is general information about how the process usually works in South Carolina, not advice about your case. Nearly every answer below depends on facts that only you and the lawyer you hire will know.
Before you sit down, gather the paper
A lawyer can only be as specific as the documents in front of them. If you show up empty-handed, you'll get general answers, and you could have read those here for free.
That last one matters more than people expect. Write down where you were, when you ate and drank, where you were stopped and what was said. Memory fades fast. Keep the timeline private and bring it to the lawyer rather than sharing it with friends or posting about it.
The 10 questions to ask a DUI lawyer
I've ordered these the way I'd ask them across a desk. The first three are about time. The rest are about the case and the working relationship.
1. Which court is my case in, and when is my next date?
In Horry County, a DUI can land in different places depending on the charge and where the stop happened. A first offense is often handled in a summary court, meaning a magistrate court or a city court like Myrtle Beach or North Myrtle Beach municipal court. More serious charges can go to General Sessions in Conway. Ask which one, ask for the date, and write it down. Missing court can turn a manageable problem into a bench warrant. Our court process guides explain how those courts fit together.
2. What deadlines are already running?
This is the one people miss. If you refused a breath test or blew 0.15 or higher, you may have been handed a notice of suspension. Under South Carolina's implied consent law, S.C. Code § 56-5-2951, you generally have 30 days from that notice to request a contested hearing with the Office of Motor Vehicle Hearings. Ask the lawyer to confirm the exact date on your paperwork, and ask what happens if it has already passed.
3. What's happening with my license right now?
A South Carolina DUI runs on two tracks. One is the criminal case in court. The other is the administrative side with the DMV and the hearing office. They have different rules, different deadlines and sometimes different results. Ask how each track affects your driving, whether a temporary or restricted license is possible, and whether an ignition interlock device could come up.
4. What evidence will you ask for, and when will we see it?
South Carolina law requires video recording in most DUI arrests, covering the roadside stop and the breath test site. Ask whether the lawyer will request that video, the breath test records, dispatch logs and any body camera footage, and how long those requests usually take. "Discovery" is just the legal word for this exchange of evidence. The legal terminology section translates more words like it.
5. Based on what you know so far, what outcomes are possible?
Notice the wording. You're not asking for a prediction. You're asking for a range, from the best realistic result to the worst, and what would push your case toward either end. A careful lawyer will also tell you what they still need to see before they can say more.
6. How often do you handle DUI cases in this court?
General DUI experience is one thing. Knowing a specific court's calendar and habits is another. Ask who usually prosecutes DUI cases there. Depending on the court, it may be the arresting officer or a lawyer from the solicitor's office, which is South Carolina's name for the prosecutor. In Horry and Georgetown counties, that's the 15th Circuit.
7. Who will actually work on my case?
The person you meet may not be the person at every hearing. Ask who appears in court, who answers your calls and who handles the paperwork. None of those answers is wrong. You just want them up front.
8. What does your fee cover, and what would cost extra?
DUI fees are often quoted as a flat fee, and flat fees have edges. Ask whether the fee includes the license hearing, a jury trial, expert witnesses or an appeal. Get the agreement in writing and read it before you sign. If you're comparing offices, compare what's included, not just the number.
9. How will we stay in touch, and how fast do you respond?
DUI cases can sit quietly for months, then move fast. Ask how updates arrive, by email, phone or a client portal, and what a normal response time looks like. If you're helping a family member, ask what the lawyer can share with you, since confidentiality belongs to the client.
10. What should I do, and avoid, before the next date?
This is where general information ends and your lawyer's advice begins. Ask what to keep, who not to discuss the arrest with, whether to stay off social media and what to bring next time. Keep every document, go to every scheduled appearance, and ask before doing anything you're unsure about.
Why the questions should fit the charge and the county
A list like this is a starting point, not a script. Questions for a DUI in Conway won't match questions for a custody dispute in Columbia. The practice area changes the law, and the county changes the court, the calendar and the people in the room.
A useful first consultation should help you understand the process rather than simply give you a sales pitch. If the charge is in Horry County, ask about the specific court, deadlines, evidence, administrative licensing issues, and what needs to happen before the next date.
It also helps to read what local firms publish before you go in. Johnny Gardner Law currently focuses its practice on DUI defense in Conway and across Horry County. Someone researching a Grand Strand DUI lawyer could use the firm's published DUI information as one starting point for developing questions before a consultation. Any firm's own pages work the same way: read them for the questions they raise, then ask those questions out loud.
The goal is not to hear, "I guarantee I can win." No one can honestly promise that, and South Carolina's rules for lawyers restrict statements that create unjustified expectations about results.
"Here is where your case stands, here is what matters next, and here is what we still need to find out."
That's the useful goal. If you can repeat that sentence about your own case when you leave, the hour was well spent. If you leave with a promise and no plan, keep looking.
Check the official source
Questions people ask about DUI consultations
Is a first DUI consultation free?
It depends on the office. Some lawyers offer a free first meeting, and others charge a consultation fee that may or may not be credited toward the case. Ask when you schedule so there are no surprises.
How long does a DUI consultation usually take?
Many first consultations run somewhere between 30 minutes and an hour, but it varies. Bringing your ticket, bond paperwork and any notice of suspension helps the lawyer spend that time on your actual case.
Is what I say in a DUI consultation confidential?
In general, lawyers owe duties of confidentiality to prospective clients, even if you don't end up hiring them. If you're unsure, ask at the start of the meeting how the office handles what you share.
What if I can't afford a DUI lawyer?
Tell the court at your first appearance. Depending on your finances and the charge, you may qualify for an appointed public defender. The court clerk can tell you how to apply.
Where I'd start
Write these ten questions on one sheet of paper and leave space under each. Fill in the answers during the meeting, in your own words. If you only get through two, make them the first two: the court date and the deadline. Everything else on this list can wait a day. Those two can't.
And if a lawyer's answer to any question is "don't worry about it," that's your cue to ask again, a little slower. More guides on the DUI process live on our South Carolina DUI page, and new questions like these go up in Straight Answer Talk.