Bail after a Myrtle Beach DUI arrest: how bond and bondsmen work

The bond hearing

South Carolina law requires a bond hearing within 24 hours of arrest for a bailable offense.

The law starts from a presumption of release on your own recognizance, a written promise to come back to court, with no money posted. The judge can instead set a bond with a surety, place you in someone's custody, restrict travel, or add other conditions, if the judge finds that is needed to make sure you appear or to protect the public.

In setting conditions, the judge may consider your family ties, employment, financial resources, character, mental condition, how long you have lived in the community, your record of convictions, and any history of fleeing or failing to appear. The judge must also look at your criminal record, any pending charges, the incident report, and whether you are already out on bond.

Where bond is set in the Myrtle Beach area

County and state arrests. Bond hearings are held at the J. Reuben Long Detention Center in Conway. The Sheriff's Office says the Magistrate's Office there is open 8 a.m. to 6 p.m. on weekdays and 8 a.m. to 5 p.m. on weekends and holidays, and that bond hearings typically happen at 9 a.m. and 2 p.m., subject to the magistrate's schedule. Call 843-915-5145 to confirm.

Myrtle Beach city arrests. Myrtle Beach Municipal Court holds its own bond court, listed at 9 a.m. and 4 p.m. on weekdays, 9 a.m. and 2 p.m. on weekends, and 9 a.m. on holidays, subject to change.

Paying bond yourself

You do not have to use a bondsman. For bonds set at the detention center, the Sheriff's Office says payment is made at the Magistrate's Office:

• cash (in the exact amount), money order, or major credit card
• no personal checks

Some bondable charges qualify for "Cash and Dash," where the amount paid is the fine and the person does not go before a magistrate, but still has to appear in court on the ticket's date. The county does not list which charges qualify; call Booking at 843-915-6911 to ask.

Watch for scams. The Sheriff's Office says it will never collect payment over the phone. If someone calls asking for bond money, hang up and call Booking yourself.

Once a bond is delivered to the jail, the law says the person must be released within a reasonable time, no more than four hours.

Using a bail bondsman

If the bond is more than you can pay in cash, a licensed bondsman can post a surety bond for a fee, called a premium. South Carolina law sets these rules (S.C. Code § 38-53-170):

• The premium cannot be more than 15 percent of the bond.
• The minimum premium is $100 or 10 percent of the bond, whichever is greater, and it must be collected before the bond is executed, unless you agree to a payment plan.
• A payment agreement is attached to the bond paperwork, needs at least $100 down, and cannot run longer than 18 months. Two missed months in a row lead to a certified notice and, if not cured within ten days, surrender.
• A bondsman cannot solicit business in any court, a magistrate's office, or anywhere prisoners are held, cannot suggest or name an attorney for you, and cannot give you or officials anything of value to get your business or a lower bond.
• Money required by the bond's own conditions is separate from the premium and is not covered by the 15 percent cap, so ask what else you will be charged.

If you put up collateral, such as a title or cash, the bondsman must give you a written receipt describing it (§ 38-53-180), and must return it within ten days after the bond ends, unless a bench warrant has been issued (§ 38-53-170). Ask for the contract and the receipt before you sign or hand anything over.

Bondsmen are licensed by the S.C. Department of Insurance. Its bondsman page explains licensing, which includes a pre-licensing course and an exam, and has complaint forms. Our bail listings come from public records and are not recommendations.

After release: keep every court date

Whoever posts the bond, it is a promise that you will appear.

• If you violate the bond's conditions or fail to appear, the court can issue a bench warrant. Myrtle Beach Municipal Court warns that failing to appear may result in losing any bond you posted and being tried in your absence.
• Under § 38-53-70, the court must notify everyone bound by the bond within 30 days of issuing the bench warrant, and the bond is forfeited if the surety does not surrender the defendant within 90 days of the warrant.
• The surety can return you to custody for violating a specific term of the bond. Nonpayment of the premium alone does not justify immediate jailing (§ 38-53-50), though a defaulted payment agreement can lead to surrender after notice.

If you live out of state, ask the court whether you may leave South Carolina before your court date. The out-of-state guide covers the rest.

Next steps after bond

Release on bond does not end the DMV track. If you received a Notice of Suspension, the 30-day deadline is already running; the DMV hearing guide explains it. For the whole process from here to the end of the case, see how a DUI moves through Horry County.