Second Offense DUI in South Carolina

A second DUI in South Carolina (driving under the influence) is a serious offense. You could face penalties, jail time, fines and suspension or revocation of your driving privileges. Sentencing is based on the circumstances of the arrest and your previous driving history. If you continue to drive with a suspended or revoked license in South Carolina, you are committing a crime.   

Administrative Penalties

There is an assessment fee of 100 percent of the DUI fine in South Carolina, plus a $100.00 surcharge, a possible $12.00 conviction fee and a $25.00 victim’s for a second DUI conviction in South Carolina.   

Criminal Penalties

For a second DUI offense in South Carolina, you face the following penalties:

• A fine between $2,100 up to $5,100. The court may lower the fine to $1,100.
• Minimum jail time of five days up to one year. Community service may be given to reduce jail time.  
• If the person’s BAC is greater than .10, then he is considered to be under the influence of alcohol. BAC levels .10 to .15 carries a jail sentence of 30 days to two years and a fine of $2,500-$5,500, and .016 and above carries a jail sentence of minimum 90 days to three years and a fine of $3,500 to $6,300.
• License suspension from 60 days to one year.

Look Back Period

The look back period in South Carolina is 10 years. This means if you have had two offenses in 10 years, you face stiffer fines and penalties. When determining sentencing, fines and penalties, the South Carolina courts also look at circumstances such as whether there was an accident involving injury or death caused by you.

Felony vs. Misdemeanor

South Carolina laws considers a second or third DUI offense a misdemeanor. A fourth DUI offense or more is considered a felony.

Plea Options

You may plead guilty, no contest to a lesser reduced charge, such as reckless driving with no intoxication or traffic infractions of speeding, following too close or lane changes or not guilty. An attorney can advise you how to plead depending on your BAC levels and other circumstances surrounding your arrest.    

Hiring an Attorney

If you have been charged with a second DUI in the State of South Carolina, it is recommended that you seek legal assistance from a South Carolina criminal defense attorney immediately. The attorney is knowledgeable about the DUI laws and legal defenses and can explain your legal remedies and rights to you.