DUI in SC: 2nd DUI and 3rd DUI Offense Penalties in South Carolina
Unlike some states, South Carolina uses a graduated penalty range for drunk driving charges. A high BAC level boosts punishment, and the Palmetto State uses a 10 year "lookback" period for repeat offenders. For about the last 10 years, a third offense DUI in SC is a felony DUI.
The complexity of these many variations and factors requires the able assistance of skilled and experienced lawyers near me for DUI in SC. Multipl strategies and tactics may work to minimize punishments and (poossibly) not incur that DUI 3rd offese felony charge.
South Carolina DUI penalties are controlled by the “number” of the offense (whether it is a first DUI, DUI second offense, or third DUI offense) within the prior ten years. Next, on subsequent offenses, the accused, repeat offender, impaired driver’s blood alcohol concentration can drastically alter potential DUI punishments.
Don’t Procrastinate And Miss Your Chance to File a Timely Appeal
If you are charged with DUI in SC and your license is suspended as a result, you have the right to request a Preliminary Hearing. This request must be mailed to the DMV within the first thirty (30) days of your arrest. Once your request has been submitted and received by the DMV, you may request a Temporary Alcohol Restricted License (TARL). This license will allow you to drive as you normally would until your Administrative Hearing date.
Ignition Interlock Devices (IID) are required for the vast majority of those convicted of Driving Under the Influence. These fees can vary depending on the monitoring company as well as the type of equipment installed. Fees can be as much as $200 for installation and up to $100 a month for monitoring.
DUI Levels in SC: Penalties for DUI Alcohol or Drugs in the Palmetto State
2nd DUI in SC. The jail time goes up to five (5) days, to as much as three (3) years in jail. Additionally, your BAC “number can cost you more penalties. Drivers who gave a post-arrest test and yielded 0.10 grams % and up to 0.16 grams percent Datamaster number will face thirty (30) days to two (2) years of jail time. Finally, that same driver whose breath alcohol content revealed a 0.16 (or higher) gr. percent reading faces ninety (90) days to three years in custody, if convicted.
If that driver is also dealing with a second offense for DUS (Driving Under Suspension) for a prior DUI, the jail penalty will be sixty (60) days to six (6) months or $600 fine plus court costs (on that DUS conviction) that more than doubles that base fine amount.
3rd DUI in SC. For a felony DUI in SC, which would be a third DUI conviction within 10 years, prison time and financial penalties climb higher. The base fine amounts can range from Three Thousand Eight Hundred Dollars to $10,000, before surcharges are added. Minimum jail time is sixty (60) days and can go up to 5 years behind bars.
For a third or subsequent criminal offense for Driving Under Suspension for DUI within 10 years, the penalty on the DUS can be six (6) months to three (3) years in state prison and a $1,000 fine plus court costs that push the total north of $2500.
All these convictions carry lengthy additional driver’s license suspensions that will have to “waited out” with no driving privileges permitted at all, until certain conditions and time periods have passed. On top of that, license reinstatement fees will need to be paid to the SC DMV before your license can be reinstated.
DUI BAC Level: Your BAC Level’s Impact If Over the Legal Limit
Driving under the influence definition. Driving Under the Influence in South Carolina is defined as driving a motor vehicle under the influence of alcohol or drugs to the extent that the driver’s faculties are materially and appreciably impaired.
As stated above, the penalties for Driving Under the Influence vary depending on the offense number (whether it is a first, second, or third offense within ten years), as well as the driver’s blood alcohol concentration.
The various and increasing penalties for Driving Under the Influence in South Carolina are as follows:
For a first offense where the driver refuses to give a breath, blood, or urine sample or has a BAC of up to 0.10, the penalty is 48 hours to 30 days in jail or a $400 fine (plus court costs).
For a first offense where the driver’s BAC is 0.10 to 0.16, the penalty is 72 hours to 30 days in jail or $500 fine (plus court costs). The driver will also be required to install an ignition interlock device in their vehicle.
For a first offense where the driver’s BAC is 0.16 or above, the penalty is 30 days to 90 days in jail or $1,000 fine (plus court costs) and the driver will be required to install an ignition interlock device in their vehicle.
For a second offense where the driver refuses to give a breath, blood, or urine sample or has a BAC of up to 0.10, the penalty is 5 days to a year in jail and a fine of $2,100 to $5,100 (plus court costs) and the driver will be required to install an ignition interlock device in their vehicle.
For a second offense where the driver’s BAC is 0.10 to 0.16, the penalty is 30 days to 2 years in jail and a fine of $2,500 to $5,500 (plus court costs). The driver will also have to install an ignition interlock device in their vehicle.
For a second offense where the driver’s BAC is 0.16 or above, the penalty is 90 days to 3 years in jail and a fine of $3,500 to $6,500 (plus court costs). The driver will also need to install an ignition interlock device in their vehicle.
For a third offense where the driver refuses to give a breath, blood, or urine sample or has a BAC of up to .10, the penalty is 60 days to 3 years in jail and a fine of $3,800 to $6,300 (plus court costs) and the driver will be required to install an ignition interlock device in their vehicle.
For a third offense where the driver’s BAC is .10 to .16, the penalty is 90 days to 4 years in jail and a fine of $5,000 to $7,500 (plus court costs). The driver will also have to install an ignition interlock device in their vehicle.
For a third offense where the driver’s BAC is .16 or above, the penalty is 6 months to 5 years in jail and a fine of $7,500 to $10,000 (plus court costs). The driver will also need to install an ignition interlock device in their vehicle.
For a fourth or subsequent offense where the driver refuses to give a breath, blood, or urine sample or has a BAC of up to .10, the penalty is 1 year to 5 years in jail and the installation of an ignition interlock device.
For a fourth or subsequent offense where the driver’s BAC is 0.10 to 0.16, the penalty is 2 years to 6 years in jail. The driver will also have to install an ignition interlock device in his or her vehicle to regain restricted driving privileges.
For a fourth or subsequent offense where the driver’s BAC is 0.16 or above, the penalty is 3 years to 7 years in jail. The driver will also need to install an ignition interlock device in her or his vehicle.
All convictions will require the driver to enroll and complete an Alcohol and Drug Safety Action Program (ADSAP) as well as obtain SR 21 Insurance.
Felony DUI SC Charges in Accident Cases: DUI Jail Penalties up to 25 Years in Prison
South Carolina’s felony DUI law states that “’great bodily injury’ means bodily injury which creates a substantial risk of death, or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
The penalties for this type of felony Driving Under the Influence (DUI) can be severe. For Felony DUI resulting in Great Bodily, the penalty ranges from a mandatory fine of not less than 30 days in jail and a $5,100 fine up to serving as much as 15 years imprisonment and a $10,100 fine.
The penalty for Felony DUI resulting in Death ranges from a mandatory fine of $10,100 to $25,100 and mandatory imprisonment of one (1) year to 25 years. In recent years, the Greenville SC area has been reported to have one of the highest DUI death rates in the Palmetto State.
Court costs can vary from court to court but can often come out being as much as twice the fine amount assessed by the Court.
FREE Lawyer Consultation: Call Today and Obtain FREE Legal Advice about Avoiding a DUI Conviction
Even if you had a public defender or no attorney at all on your 1st DUI in SC, don’t risk your freedom and ability to drive on a repeat DUI in South Carolina. For a FREE consultation, call today to speak with E. Powers Price or James H. Price IV.
Use our nationwide, toll-free phone number to get this burden shifted over to our criminal law attorneys. That number is 1-85-LAW-PRICE [1-855-297-7423]. Being SC natives and the 4th generation of criminal defense lawyers near me in upstate SC (going back to 1906) helps our lawyers know the various “ins and outs” about upstate criminal law courts.
Once you hire a legal services pro from Price & Price Attorneys, you establish an attorney client relationship which protects all confidential conversations between you and your criminal attorneys near me in upstate SC. Speak to your legal advocate with openness and confidence that what you tell us will not be repeated.
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