Mt. Pleasant Multiple DUI Lawyer
What Are the Consequences of Getting a Second DUI in SC?
The penalties upon conviction for a DUI can range from jail time to fines to license suspension, depending on the number of prior DUIs within the last 10 years and the driver’s BAC. Be aware that prior DUI offenses that occurred in other states are counted.
The penalties for first and subsequent DUI offenses are:
- 1st offense: 48 hours to 1 year in jail; $400-$1,000 in fines
- 2nd offense: 5 days to 3 years in jail; $2,000-$6,500 in fines
- 3rd offense: 60 days to 5 years in jail; $3,800 to $10,000 in fines
Every DUI conviction also requires an offender to enroll in the Alcohol and Drug Safety Action Program, where all offenders must obtain an alcohol and drug assessment and follow the recommended treatment.
The court will further order the driver’s license to be suspended or restricted. Upon a first offense, this could be a 6-month license suspension with the possibility of obtaining a temporary provisional license that permits driving after successful completion of treatment requirements. However, drivers who refused testing or had a BAC of .15% or greater cannot obtain a provisional license but may drive under the ignition interlock device (IID) program.
It is also likely that for second and subsequent convictions, the judge will immobilize any vehicle owned by the convicted that is not equipped with an IID. Immobilization requires the temporary forfeiture of the license plate and registration.
What Constitutes Driving Under the Influence?
Joe Good, Attorney at Law, has 13 years of experience representing South Carolina clients in DUI defense, especially when they are facing multiple charges. Attorney Joe Good is a dedicated DUI attorney who can work with you to strategize a strong defense against your charges. Multiple DUIs can significantly impact the penalties you will face, so a certified and experienced lawyer can put up a strong fight for you against your charges.
South Carolina law prohibits a person from driving under any of the following conditions:
- with a blood alcohol content (BAC) of .08% or greater (.04% or more if the driver was operating a commercial vehicle);
- while “under the influence” of any drug or intoxicant; or
- while “under the influence” of alcohol.
Note that South Carolina law defines “under the influence” as being impaired to an extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired. If a driver has a BAC of .08% or more, they can be charged with a “per se DUI” regardless of their level of actual impairment.
Contact Joe Good, Attorney at Law to Fight Your Charge
Also note that South Carolina has “implied consent” laws in place that require all drivers lawfully arrested for a DUI to submit to a breath, blood, or urine test. An unlawful refusal will result in a suspension of 6, 9, and 12 months for a first, second, and third offense, respectively. Drivers convicted of DUI who had a BAC of .15% or greater will further face an additional 1-, 2-, and 3-month suspension for a first, second, and third-offense DUI, respectively.
If you have been charged with DUI in South Carolina, do not hesitate to contact an attorney immediately for legal support. This is particularly important if you have prior offenses, as this could enhance your penalties and sentencing. Attorney Joe Good is a dedicated DUI lawyer who can examine the facts of your case and determine the best defense strategy for your case.