Driving under the influence (DUI) is a serious offense in South Carolina. For individuals who have prior DUI convictions, the consequences become even more severe. The laws in South Carolina are designed to address repeat offenders in a way that increases penalties for those who continue to drive under the influence. Understanding the impact of prior DUI convictions can help people avoid making the same mistake again and facing harsher consequences. The Bateman Law Firm provides dedicated legal support for individuals facing DUI charges, guiding them through the complexities of the legal process to achieve the best possible outcome.
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South Carolina DUI Laws and What Counts as a DUI
In South Carolina, a person can be charged with DUI if they are caught operating a vehicle while under the influence of alcohol or drugs. The legal limit for blood alcohol concentration (BAC) is 0.08 percent for drivers aged 21 and over. For drivers under the age of 21, any BAC of 0.02 percent or higher can result in a DUI charge. This is because younger drivers are held to stricter standards.
When someone is convicted of a DUI, it stays on their driving record for ten years in South Carolina. Each DUI conviction within that time frame leads to more severe penalties. Prior convictions play a big role in how the state handles any future offenses.
How Prior DUI Convictions Affect Penalties
For someone with no prior DUI convictions, the penalties can include fines, community service, and possible jail time. However, the consequences get worse with each subsequent conviction. If you have prior DUI convictions within a 10-year period, the penalties you face for another DUI increase drastically. These heightened penalties are designed to act as a deterrent, discouraging individuals from repeatedly driving under the influence.
For example, a first-time offender might face a fine between $400 and $1,000, along with possible jail time of 48 hours to 30 days. There may also be a six-month suspension of their driver’s license. However, for someone with a prior DUI conviction within the last 10 years, the penalties increase significantly. A second DUI conviction can lead to fines up to $5,100, a mandatory jail sentence of five days to one year, and a license suspension of at least one year.
Third and Fourth DUI Convictions
The penalties for a third DUI conviction are even harsher, reflecting South Carolina’s focus on addressing repeat offenders. Someone with two prior DUI convictions faces fines as high as $6,300, a jail sentence that could range from 60 days to three years, and a two-year license suspension. Additionally, after a third conviction, the driver will be required to install an ignition interlock device on their vehicle. This device requires the driver to provide a breath sample before the car will start. It is designed to prevent repeat offenders from getting behind the wheel while intoxicated.
A fourth DUI conviction in South Carolina is classified as a felony. This means the penalties are the most severe of all. A person convicted of a fourth DUI faces a prison sentence of between one and five years. Their driver’s license will be permanently revoked. In addition to jail time and the loss of driving privileges, someone convicted of a fourth DUI may also face significant financial penalties and be required to participate in alcohol and drug treatment programs.
"John Bateman is my absolute go to peer in the legal field when it comes to questions about DUI. . . . He has an innate ability to convey to clients what really matters in their cases. As a fellow attorney, I highly recommend John to anyone in the SC or NC areas who are looking for... legal representation when facing a DUI charge." "John is an excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State, and also the same training as the people who are the instructors of the police officer training courses on field sobriety tests. He is very passionate about DUI's and I recommend him often to people who are facing serious charges in the upstate area." "Very knowledgeable and thorough in his preparation and representation of his clients. He cares for each of his clients and works extremely hard to achieve results. I highly recommend this lawyer.""He has an innate ability to convey to clients what really matters in their cases."
M. Brock
"An excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State"
P. Hammond
"He cares for each of his clients and works extremely hard to achieve results."
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Ignition Interlock Devices
For repeat DUI offenders, South Carolina law mandates the use of an ignition interlock device. This device plays a critical role in preventing individuals with prior DUI convictions from driving under the influence again. After a second DUI conviction, the driver is required to install this device on their vehicle. They must blow into it before they can start their car. If the device detects alcohol on their breath, the vehicle will not start.
The ignition interlock device is an important tool in keeping repeat offenders off the road while they are intoxicated. It also serves as a reminder to individuals about the dangers of driving under the influence. Failing to comply with the ignition interlock requirement can result in further penalties and an extension of the device’s required use.
Felony DUI and Permanent Consequences
When someone reaches their fourth DUI conviction in South Carolina, it is considered a felony. This has long-term consequences beyond just the legal penalties. A felony DUI conviction can impact a person’s ability to find employment, secure housing, and even vote in some cases. Felonies stay on a person’s criminal record permanently, meaning the stigma of having a felony DUI can follow someone for the rest of their life.
Additionally, those with a felony DUI conviction face the permanent revocation of their driver’s license. This means they will never be able to legally drive in South Carolina again. For many, losing their ability to drive can impact their job and daily life, making it much more difficult to carry out everyday responsibilities.
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Impact on Insurance and Financial Costs
Having prior DUI convictions also affects car insurance. After a DUI conviction, many insurance companies will either increase a person’s rates significantly or refuse to insure them altogether. South Carolina requires drivers convicted of DUI to obtain SR-22 insurance, which is a special type of insurance for high-risk drivers. This type of insurance is much more expensive than regular insurance, and drivers may be required to maintain it for several years.
The financial costs of a DUI conviction go beyond just the fines and legal fees. People with multiple DUI convictions may face difficulty in securing car insurance, and when they do find coverage, it is often at a much higher premium. This can lead to long-term financial strain.
Driver’s License Suspension and Reinstatement
With each DUI conviction in South Carolina, the period of license suspension increases. For first-time offenders, the suspension might last six months. However, for someone with prior DUI convictions, the suspension period grows longer with each offense. After a third or fourth DUI conviction, the driver faces a two-year suspension or permanent revocation of their license.
Once a driver’s license has been suspended due to a DUI conviction, the process for reinstating it can be complicated. The individual must complete alcohol education or treatment programs, pay reinstatement fees, and in some cases, prove financial responsibility by obtaining SR-22 insurance. The goal of these requirements is to ensure that the driver understands the seriousness of driving under the influence and is taking steps to prevent it from happening again.
Impact on Employment and Background Checks
A DUI conviction, especially a repeat offense, can have a lasting impact on a person’s employment opportunities. Many employers run background checks before hiring someone. Having a DUI conviction on a criminal record can make it difficult to secure a job, especially in fields that require driving or working with vulnerable populations.
For those with prior DUI convictions, this challenge is even greater. Repeat offenses on a criminal record can signal to potential employers that the individual may not be reliable or responsible. As a result, people with multiple DUI convictions may struggle to find steady employment, further compounding the difficulties caused by their legal troubles.
Seeking Legal Help After a DUI Conviction
The legal process following a DUI conviction can be complicated, especially for individuals with prior convictions. South Carolina’s legal system treats repeat DUI offenses with increasing seriousness, and the penalties become harsher with each conviction. For those facing a second, third, or fourth DUI charge, seeking legal representation is critical.
An experienced attorney can help guide individuals through the legal process and ensure that their rights are protected. They can also work to reduce penalties, negotiate for alternative sentencing options, and provide valuable advice on how to handle the situation moving forward.
If you or a loved one is facing DUI charges in South Carolina, particularly if you have prior convictions, it is important to seek legal help. At The Bateman Law Firm, we understand the serious consequences that come with a DUI conviction and are dedicated to providing the guidance and representation you need. Contact us today to learn how we can help you navigate this difficult time and work toward the best possible outcome for your case.