First DUI after getting rear ended by drunk driver and ending up at the hospital. What are next steps ?

Hey yall,

Location: SC

So about a week ago on Saturday I was out with some friends. I ended up hitting a THC A vape around 11 pm then having a tequila pineapple and a green tea shot.

I only drank soda water with limes all night afterwards because the bar line was long and I was going through some emotional times.

As I was heading to an after party at 2:30 AM, I stopped at our local gas station to pick up some white claws then I put those in the trunk. About 15 min later I got rear-ended by a drunk driver that had an open container, no license and tried to run from the accident. My car ended up being flung forward about 300 feet and I don’t remember anything from the accident to about 15-30min afterwards.

Next thing I remember was sitting on the side of the road being helped by a marine EMT that saw the accident happen and helped me. He actually ended up chasing the guy and getting him arrested

as I sat on the side of the road for about an hour and a half . I ended up taking an ambulance to the hospital where they put me in a neck brace.

as I was in a neck brace the officer conducted a finger test and as I cried in pain he mentioned “since you can’t follow my finger without your eyes going back to the middle, I am charging you with a DUI”

He did end up taking my blood at 5am and my court is in a month. What are some next steps ?

I’m going to hire a lawyer just to be safe since I know I had no alcohol in my system since it had been 6 hours but I am worried about the weed.

Both hospital staff and detention center staff were perplexed that I got charged and literally asked “was it a state trooper?” , I guess they are known for doing this in SC.

My main question is what should I say to the lawyer and how should I protect myself ? I have never gotten a DUI so I am scared.

T.L.D.R : Got rear-ended by a drunk driver last Saturday at 2:45am , ended up at the hospital by 5am and since my eyes kept darting back to the middle I was charged with a DUI. What are next steps ? Is there anything I can do against the cop? It feels super messed up how he can just charge me willy nilly even if I was sober and have me sitting on a detention center from 10am-3:30pm while I was super concussed and whiplashed. Am I going to jail for hitting a weed pen then driving 3 hours later ?