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Repeat DUI offenders face many headaches, with an unsympathetic prosecutor being only one item on the list. If you are stopped for a second DUI in 10 years, you are facing the real prospect of time in jail. Defendants need an established lawyer to represent them.
Below, we look at penalties for a second DUI offense, including what factors go into determining your sentence. Call William G. Yarborough, Attorney at Law, to speak with an experienced Greenville, SC DUI lawyer.
Penalties for DUI 2nd Offense SC
Anyone caught driving on a public road while under the influence can face a DUI charge. If this is your second charge, then you are certainly facing some stiff penalties, which will depend on various aggravating factors.
As a general matter, anyone caught for a second DUI within the past 10 years is facing:
- A minimum of five days in jail, up to one year behind bars.
- Fines ranging from $2,100 to $5,100.
- Completion of an Alcohol and Drug Safety Action Program.
The five days in jail are mandatory. A judge does not have the discretion to impose community service instead of a sentence. That means you will spend some nights in jail for a second DUI.
What Counts as a Prior DUI?
A prior DUI is any drunk driving offense in any of the 50 states. You might have just moved to South Carolina from New Hampshire. If you have New Hampshire’s equivalent of a DUI on your record, then it will count as a prior conviction (provided it happened within 10 years).
Some people wrongly assume only South Carolina DUI convictions count. Any conviction in the country will be considered a prior, and the prosecution can certainly research to uncover previous violations.
Contact our law office to go over your criminal history. We can review if your most recent arrest will count as a second (or possibly even a third) DUI.
Enhanced Penalties for a High BAC in South Carolina DUI Cases
Drivers can face enhanced penalties if they have a high blood alcohol content of .10% or higher:
- BAC of .10% to .16%: minimum 30 days in jail, up to two years in jail, and fines ranging from $2,100 to $5,500
- BAC of .16% or higher: minimum 90 days in jail up to three years, and fines ranging from $3,500 to $6,500.
As you can see, a defendant faces more time in jail if they had a higher BAC when stopped. It is possible to serve a mandatory 90 days, depending on your level of intoxication. And some judges might sentence you to more than the minimum, especially since you have prior convictions and look like a public safety risk.
Was Someone Hurt in an Accident?
When other people are hurt in an accident, penalties jump in severity. Any DUI case with bodily injuries is a felony DUI in South Carolina. Under South Carolina Code § 56-5-2945, you are facing:
- Great bodily injury: at least 30 days in jail, up to 15 years in prison, and a fine ranging from $5,100 to $10,000.
- Death: at least one year in jail, up to 25 years behind bars, with fines ranging from $10,000 to $25,000.
How Long is Your License Suspended for a 2nd DUI?
Most drivers will have their license suspended for a year after a second DUI conviction. The judge might also require that you install an ignition interlock device (IID) on your car. This is like a breathalyzer, which you must blow into to start your vehicle, and is a standard part of many DUI cases in South Carolina.
Defending a Second DUI Charge in South Carolina
You are probably wondering what happens on your second DUI. The first step is to realize you need a lawyer. The entire justice system operates differently when someone gets a second DUI. A first offense might be a mistake; with a second DUI in 10 years, the state thinks you have an alcohol problem.
- Hire a lawyer quickly. Motorists face an administrative license suspension and a possible indefinite suspension of their license for driving while intoxicated. If you hope to keep your license, we can discuss possible options.
- The defense we raise will depend on the circumstances. We can challenge the evidence as much as your lawyer did to your initial DUI charge:
- Challenge the validity of any chemical test. The machine used might have been old or not calibrated properly. There is no reason to assume the test results are valid.
- Argue that the stop was unconstitutional. Police officers always need legal justification to stop someone. They can’t go around bothering people without reasonable suspicion that the person committed a crime. We might argue that the officer lacked any justification for the stop, which can result in dismissed charges.
- Raise reasonable doubt. If you didn’t take a test, then you have a stronger hand in arguing you were not intoxicated when stopped. We can try to argue away other evidence of intoxication, such as slurred speech or red eyes. Perhaps you were tired when the officer stopped you because you had been up all night, which explains your physical condition.
Can You Obtain a Plea Deal for a Second DUI?
It is much harder. Someone with a prior DUI looks like a threat to public safety. The Solicitor’s Office might assume you have alcoholism or a drug addiction. They might be less interested in helping you. Instead, they might believe you need to spend time in jail for a DUI.
William G. Yarborough is a lawyer with 30 years of experience in criminal law. He leans on all this experience to advocate for his clients. Contact our office to discuss your case. There is no reason to assume you will be automatically convicted, but a lawyer needs as much time as possible to review possible defenses.
Schedule Your Consultation Today
We can meet to confidentially review your criminal history and answer any questions you might have. Someone at our office is available 24/7 for anyone needing a criminal defense lawyer in the 29609 zip code. Contact us today!
