Defending Against a DUI as a Repeat Offender in South Carolina

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While all driving under the influence (DUI) charges carry serious consequences in South Carolina, facing a DUI as a repeat offender carries even greater risks than facing a first-time offense. As a result, it is critical to have an experienced DUI defense lawyer on your side. Repeat offenders face enhanced penalties, and when you’ve been in court for a DUI previously, the judge is not going to go easy on you. You need to be prepared to defend yourself by all means available, and this starts with making sure you have a clear understanding of the circumstances of your case.

When Are You Considered a Repeat Offender in South Carolina?

We’ll start at the beginning: When are you considered a repeat offender in South Carolina? To determine if you qualify as a repeat DUI offender, there are three key factors to consider:

1. South Carolina’s 10-Year Rule for Multiple DUIs

While a DUI conviction stays on your record indefinitely in South Carolina, the state has a 10-year “look back” period for prosecuting individuals as repeat offenders. This means that if you get a second DUI within 10 years of your first DUI conviction, you are considered a repeat offender under South Carolina law. However, if you get a second DUI more than 10 years after your first conviction, then your second DUI will be prosecuted as a first-time offense.

For third and subsequent DUIs, the 10-year lookback period applies to all of your prior convictions. In other words, to be prosecuted as a third-time offender, you must have two prior DUIs within the past 10 years. Likewise, to be prosecuted as a fourth-time offender, you must have three prior DUIs within the past 10 years.

2. DUI and DUAC Convictions Both Count as Prior Offenses

Under South Carolina law, there are two different types of drunk driving charges: (i) driving under the influence (DUI); and (ii) driving with an unlawful alcohol concentration (DUAC). Both types of charges count for the purpose of prosecution as a repeat offender.

As a result, if you have a DUAC conviction on your record (because you blew over the legal limit during your previous arrest) and are now facing a DUI charge less than 10 years later, you are still considered a repeat offender under South Carolina law. While these are technically different offenses, they both count for the purpose of determining the penalties that are on the table in your case.

3. Out-of-State DUIs Also Count as Prior Offenses

Generally speaking, out-of-state DUIs also count as prior offenses in South Carolina DUI (and DUAC) cases. While your out-of-state conviction must be equivalent to a DUI (or DUAC) conviction in South Carolina, most out-of-state convictions qualify. South Carolina’s 10-year lookback period applies here as well.

What Are the Penalties for Repeat DUI Offenders in South Carolina?

Let’s say you are being prosecuted as a repeat offender. What penalties are you facing? Under South Carolina law, the penalties for second and subsequent DUI (and DUAC) offenses are as follows:

• Second DUI or DUAC – Up to $10,775 in fines, assessments, and surcharges; five days to one year in jail; and up to a one-year driver’s license suspension.
• Third DUI or DUAC – Up to $13,235 in fines, assessments, and surcharges; 60 days to three years in jail; and up to a two-year driver’s license suspension.
• Fourth DUI or DUAC – One to five years of jail time and permanent revocation of your driver’s license.

These are in addition to the other consequences you can face as a result of having a DUI (or multiple DUIs) on your record. For example, not only can you expect your auto insurance premiums to increase substantially once your driving privileges have been restored, but having multiple DUIs on your record can have educational, employment, professional, military, immigration, and other consequences as well.

How is a DUI Case Different When You Have a Prior Conviction?

If you are facing a DUI (or DUAC) charge as a repeat offender, how is your current case different from your previous one? The short answer is, “It isn’t.” Even when you are being charged as a repeat offender, you have all of the rights afforded to criminal defendants under the U.S. Constitution and South Carolina law—and prosecutors still have the burden of proving your guilt beyond a reasonable doubt.

The one notable exception is that, as a repeat offender, you generally are not eligible for pre-trial diversion. Under South Carolina law, first-time DUI (and DUAC) offenders are eligible for pre-trial diversion in some cases. But, as a repeat offender, avoiding a conviction will generally involve one of the following:

• Seeking to Have Your DUI Charge Dismissed Before Trial – If the police or prosecutors have violated your constitutional rights, or if prosecutors do not have enough evidence to secure a conviction, an experienced DUI defense lawyer may be able to get your case dismissed before trial.
• Negotiating a Plea Deal – If you don’t have grounds to fight your DUI charge, seeking a plea deal could be your best option. While there are no guarantees, an experienced DUI defense lawyer will be able to negotiate with the prosecutor’s office effectively on your behalf.
• Fighting Your DUI Charge at Trial – Sometimes, DUI defendants will have no choice but to fight for their freedom at trial. If taking your case to trial is your best option, you will need to work closely with your DUI defense lawyer to ensure that he or she can protect you by all means available.

While facing a DUI (or DUAC) charge as a repeat offender presents serious risks, you can—and should—hire an experienced DUI defense lawyer to represent you throughout the process. To maximize your chances of avoiding unnecessary consequences, you should schedule a free initial consultation as soon as possible.

Schedule a Free Initial Consultation with a Rock Hill, SC DUI Defense Lawyer Today

If you are facing a DUI charge in South Carolina, we encourage you to contact us promptly. Call 803-328-8822 or tell us how we can reach you online to schedule a free initial consultation today.

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