What are the Possible Consequences for a Second-Offense DUI in South Carolina?

Being convicted of a DUI can seriously inhibit your freedom, with consequences such as license revocation and jail time on the table. Inevitably, a second-offense DUI conviction comes with more severe penalties than that for a first offense. Read along to discover what charges you may be facing and how a seasoned Chesterfield County DUI lawyer at The Cockrell Law Firm, P.C. can help you lessen or eliminate them altogether.

What are the penalties for a second-offense DUI in South Carolina?

Somewhat unique to the state of South Carolina, the greater your BAC at the time of your arrest, the harsher the consequences you will face. This is regardless of if it is your first, second, or third DUI offense. However, with a second-offense DUI, the penalties will still become even harsher. The following are the potential penalties you may face:

  • BAC of less than .10%: 
    • Anywhere between five days to one year of incarceration.
    • Anywhere between a $2,100 to $5,100 fine, plus court costs.
    • Up to 1-year of driver’s license revocation.
    • Installation of an ignition interlock device in your vehicle.
    • Enrollment and completion of an Alcohol and Drug Safety Action Program (ADSAP).
  • BAC of between .10% to .16%:
    • Anywhere between 30 days to one year of incarceration.
    • Anywhere between a $2,500 to $5,500 fine, plus court costs.
    • Up to 1-year of driver’s license revocation.
    • Installation of an ignition interlock device in your vehicle.
    • Enrollment and completion of an ADSAP.
  • BAC of higher than .16%:
    • Anywhere between 90 days to three years of incarceration.
    • Anywhere between a $3,500 to $6,500 fine, plus court costs.
    • Up to 1-year of driver’s license revocation.
    • Installation of an ignition interlock device in your vehicle.
    • Enrollment and completion of an ADSAP.

Notably, South Carolina holds a felony DUI law. So, for a felony DUI resulting in great bodily injury, the penalty ranges from a minimum of 30 days in jail and a $5,100 fine to up to 15 years in jail and a $10,100 fine. And for a felony DUI resulting in death, the penalty ranges from a mandatory fine anywhere between $10,100 to $25,100 and a prison sentence anywhere between one to 25 years.

What are the potential defenses you can take against a second-offense DUI?

Some of the most common defenses against DUI charges are as follows:

  • The arresting officer unlawfully stopped you.
  • The officer had no probable cause to search your vehicle.
  • The officer’s breathalyzer wasn’t properly calibrated or was otherwise dysfunctional.
  • The officer improperly administered breath or field sobriety tests.

If any of these instances are applicable to you, do not hesitate in reaching out to a knowledgeable Chesterfield County criminal defense lawyer today. Our team can help you reduce or eliminate these charges altogether.

CONTACT OUR EXPERIENCED SOUTH CAROLINA FIRM

Our legal team has significant experience helping clients through a wide array of legal matters, including those involving criminal law, personal injury law, divorce & separation, and family law. For competent and trustworthy legal counsel, simply contact The Cockrell Law Firm, P.C. today to schedule your free initial consultation with our legal team.