A second-offense DUI (driving under the influence) conviction in South Carolina generally results in a short jail sentence, a fine, and driver’s license restriction.
While lots of factors can affect the sentencing, this article discusses the minimum and maximum possible outcomes of a second DUI in South Carolina.
A DUI is considered a second offense in South Carolina if the driver has only one prior DUI conviction within the last ten years. The judge will also consider the driver’s blood alcohol content (BAC) to determine the actual fines and jail time per the following parameters.
Jail time. A second-offense DUI requires a minimum of five days in jail, with a possible maximum of 1 year. Drivers with a BAC of .10% to .16% face 30 days to two years in jail and drivers with a BAC of .16% or more face 90 days to three years in jail.
Fines. A person who’s convicted of a second DUI must pay a fine of $2,100 to $5,100. This increases to $2,500 to $5,100 for drivers with a BAC of .10% to .16% and $3,500 to $6,500 for drivers with a BAC of .16% or greater.
Treatment. Every driver convicted of a South Carolina DUI must complete the Alcohol and Drug Safety Action Program (ADSAP). This requires an alcohol and drug evaluation followed by completion of the recommended treatment.
In addition to the other penalties, second offenders must enroll in the Ignition Interlock Program. The motorist must install and use an ignition interlock device (IID) for two years.
BAC of at least .15%. There’s also a two-month suspension if the driver had a BAC of .15% or greater.
Immobilize. All vehicles owned by the convicted person must be equipped with an IID. Any vehicle not equipped with an IID will be immobilized—meaning the license plate and registration will be surrendered.
If you’ve been arrested for driving under the influence in South Carolina, get in contact with a DUI lawyer as soon as possible. DUI law is constantly changing and every case is unique. A qualified DUI attorney can tell you how the law applies to your case and help you decide how best to handle your situation.