A DUI in South Carolina is a serious offense. A conviction can result in fines, time in jail, and a license suspension with an ignition interlock requirement. For second time DUI offenders, the penalties are more severe.
At Touma Law Group, our defense lawyers can review your charge and help you handle your license suspension as well. Contact our office today to schedule an appointment. A licensed South Carolina attorney at the firm must review the facts of your case before anyone relies on this page, which is general information and not legal advice.
Second Offense DUI
DUI cases in South Carolina are taken very seriously, and this holds particularly true for repeat offenders. A conviction, guilty plea, no contest plea, or bail forfeiture for DUI or DUAC (driving with an unlawful alcohol concentration), in South Carolina or another state, counts as a prior offense. Only violations that occurred within ten years including and immediately preceding the date of the last violation count (S.C. Code Ann. § 56-5-2930(D)).
A second offense DUI is charged as a misdemeanor. A third offense DUI or DUAC is a Class A misdemeanor, and a fourth or later offense is a Class F felony (S.C. Code Ann. § 16-1-90(F), § 16-1-100(A)). “Felony DUI” is a different offense that involves great bodily injury or death.
An offense with a penalty of imprisonment of 90 days or less may be tried in magistrates court (S.C. Code Ann. § 56-5-2930(K)). Second and later offenses carry more than 90 days, so they are generally General Sessions matters.
A second offense carries a fine and mandatory jail time, and no part of the minimum sentence may be suspended. The Code sets the ranges below, and many factors can influence the exact sentence within them.
To understand how your specific case could develop, or to get answers to your legal questions, you should seek legal counsel as soon as possible. A DUI attorney can review your situation and explain your options.
Look Back Period
South Carolina uses a ten year look-back period for DUI and DUAC offenses when determining repeat offenders. The Code counts the dates the violations occurred, so the period is measured from the offense dates.
DUI and DUAC convictions count toward each other. This means that if you have a DUAC on record from 3 years ago and are charged with a new DUI today, the new charge is a second offense.
For ignition interlock purposes, the Code’s wording about which earlier offenses count in a third offense case is unsettled, and SCDMV’s records set the interlock length for second and later offenses regardless of how the charge was pleaded (S.C. Code Ann. § 56-5-2990, § 56-5-2941(B)). A lawyer must count your record to tell you which rule applies.
Are DUIs Transferred Between States?
For purposes of prior offenses, South Carolina counts a conviction, plea, or bail forfeiture under a law of this or another state that prohibits driving under the influence or driving with an unlawful alcohol concentration, if the violation falls within the ten year period (S.C. Code Ann. § 56-5-2930(D)). An out of state DUI can therefore count as a prior offense here.
Do DUIs Only Involve Alcohol?
No. The DUI statute covers alcohol, any other drug or combination of drugs or substances that impair your ability to drive, and any combination of alcohol and other substances (S.C. Code Ann. § 56-5-2930(A)). Examples of substances that can lead to charges include:
- Marijuana
- Prescription Medication
- Cocaine
- Inhalants
Criminal Penalties
A DUI is a second offense if the driver has a prior DUI or DUAC conviction within the ten year period described above. The court also takes into account the alcohol concentration when applying the penalties set by South Carolina law (S.C. Code Ann. § 56-5-2930).
- Fines: A second offense carries a fine of $2,100 to $5,100. If the alcohol concentration was 0.10 to under 0.16, the range is $2,500 to $5,500, and at 0.16 or higher it is $3,500 to $6,500.
- Jail time: A second offense carries a mandatory sentence of 5 days to 1 year in addition to the fine. At an alcohol concentration of 0.10 to under 0.16, the range is 30 days to 2 years, and at 0.16 or higher it is 90 days to 3 years.
- Treatment: Everyone convicted of DUI in South Carolina must enroll in and complete an Alcohol and Drug Safety Action Program (ADSAP) certified by the Office of Substance Use Services. This process requires an evaluation followed by completion of the recommended program (S.C. Code Ann. § 56-5-2930(H); ADSAP information).
Administrative Penalties
A conviction for a second offense DUI can bring additional penalties outside of those ordered by the court.
A DUI conviction shows on your criminal record, which can make finding housing or employment more difficult.
After a conviction, the South Carolina Department of Motor Vehicles (SCDMV) suspends the license. A second offender must enroll in the Ignition Interlock Device Program, end the suspension, and obtain an ignition interlock restricted license for a $100 fee, with an Ignition Interlock Device (IID) installed for 2 years (S.C. Code Ann. § 56-5-2990; S.C. Code Ann. § 56-1-400(C)). If the person chooses not to install the device, the license stays suspended indefinitely (S.C. Code Ann. § 56-1-400(E)).
A second or later conviction also brings vehicle immobilization: suspension and surrender of the vehicle registration and license plates for 30 days during the license suspension, with a $50 fee per vehicle. Immobilization does not apply to a person who holds a valid ignition interlock restricted license (S.C. Code Ann. § 56-5-2942).
How Can a DUI Charge Be Challenged?
Second offense DUI charges are generally General Sessions matters. Depending on the facts, a defense lawyer may look at whether certain evidence, such as breath or blood tests, can be challenged, and whether the field sobriety tests were valid. South Carolina also requires video recording of the incident site and the breath test site, which is another area a lawyer reviews (S.C. Code Ann. § 56-5-2953). A Greenville defense lawyer can help you plan your strategy and explain your options, but no lawyer can promise an outcome.
Outside of the criminal charges, a license suspension for refusing the chemical test or for a result of 0.15 or more is administrative. You may request a contested case hearing before the Office of Motor Vehicle Hearings within 30 days of the notice of suspension, not the arrest date, and either enroll in the Ignition Interlock Device Program or get a temporary alcohol license. If you do not request the hearing, you waive it and the suspension continues (S.C. Code Ann. § 56-5-2951(B), (D)). If you have one prior DUI or DUAC conviction or prior suspension in the preceding ten years, the suspension is 9 months for a refusal and 2 months for a result of 0.15 or more (S.C. Code Ann. § 56-5-2951(I)).
The hearing is limited to issues such as whether the arrest or detention was lawful, whether you received the implied consent advisement, whether you refused, and, if you were tested, whether the result, the tester, the testing, and the machine met the Code’s requirements. SCDMV and the arresting officer carry the burden of proof (S.C. Code Ann. § 56-5-2951(F)).
Talk to a DUI Attorney
If you have been charged with driving under the influence of alcohol or other impairing substances, contact a DUI lawyer as soon as possible. DUI laws have changed in recent years, including the ignition interlock rules that took effect on May 19, 2024, and each case has its own circumstances.
At Touma Law Group, we handle DUI cases and the license issues that come with them. Contact our DUI lawyers today to schedule an appointment.
