Being charged with a third DUI in South Carolina is a serious, life-altering event. Whether this is your third DUI within ten years or your third ever, the consequences range from long-term license suspensions and steep fines to months or even years in jail.
If you're facing a third DUI charge, you're likely overwhelmed, anxious, and unsure what your future holds. At Joe Good Attorneys at Law, we understand the pressure you're under, and we're here to help you navigate the legal process with clarity, strategy, and experience.
What Constitutes a 3rd DUI in South Carolina?
A third DUI offense in South Carolina means you’ve been previously convicted of two DUIs within the past 10 years. This includes both alcohol and drug-related driving offenses.
Key points to understand:
- A prior conviction does not have to occur in South Carolina. It can come from another state.
- The ten-year “lookback” period matters. If your second DUI happened more than 10 years ago, this may not legally count as your third offense.
- Both standard and CDL (commercial driver’s license) holders are subject to serious penalties.
If you're unsure how your prior convictions impact your current charge, a skilled criminal defense attorney can help clarify your situation and explore potential strategies.
Penalties for a 3rd DUI Offense in South Carolina
The penalties for a third DUI in South Carolina vary depending on several factors, most notably the time frame of your last conviction. Here’s a general breakdown of penalties for a third DUI conviction:
| Penalty Type | Details |
| Fines | $3,800 to $6,300 (approximately $13,234.50 with assessments and surcharges) |
| Imprisonment | 60 days to 3 years in jail |
| Driver’s License Suspension | 2 years suspension for a third offense |
| Extended License Suspension | 4 years suspension if the 3rd offense occurs within 5 years of the 1st offense |
| Vehicle Confiscation | Vehicle must be confiscated if owned by or household member of the offender, and the offense occurs within 10 years of the 1st offense |
In addition to jail and fines, you may face:
- Felony status (if aggravating factors exist)
- Mandatory license suspension
- Ignition interlock device installation
- Substance abuse counseling or DUI classes
These penalties make it clear, a third DUI is not just a traffic violation but a criminal offense that can follow you for life. You need a dedicated DUI attorney to fight these charges.
South Carolina DUI 3rd Offense Jail Time and Sentencing Factors
Jail time is mandatory for a third DUI in South Carolina. The minimum sentence starts at 60 days, but certain factors may increase this, including:
- A high BAC (0.16% or above)
- Prior offenses within 10 years
- Causing injury or property damage
- Driving with a minor in the vehicle
However, there are circumstances where a criminal defense attorney can argue for alternative sentencing, including house arrest, probation, or enrollment in DUI court programs.
The answer to avoiding significant jail time and severe penalties starts with the right legal strategy. Every case is unique, and a knowledgeable attorney can review the evidence, challenge the arrest, and advocate for reduced penalties.
What Happens After a 3rd DUI Arrest in South Carolina?
After your arrest, you’ll go through several stages:
- Booking and bond hearing
- Administrative license suspension (ALS)—which begins immediately if you refused the breath test or blew above .15
- Court appearances
- Trial or plea negotiation
You also face automatic suspension of your license for up to four years, possibly longer depending on your history. You may be eligible for a restricted license or ignition interlock program, but only under specific conditions.
If you're feeling uncertain, Joe Good Attorneys at Law can help walk you through every step and give you the best case scenario for your trial.
Possible Defenses Against a 3rd DUI Charge in South Carolina
A third DUI isn’t a hopeless case. There are legal defenses that may lead to reduced charges, lighter sentencing, or even dismissal, depending on the circumstances.
Some common defense strategies include:
- Challenging the traffic stop
- Contesting BAC results
- Disputing prior convictions
- Rising BAC defense
- Medical conditions or medication issues
Having an experienced attorney evaluate every piece of your case could make the difference between severe consequences and a chance to keep control of your life in your hands.
South Carolina CDL DUI 3rd Offense Consequences
If you hold a Commercial Driver’s License (CDL), the stakes are even higher. A third DUI conviction will result in:
- Lifetime CDL disqualification (no reinstatement)
- Loss of employment in most driving-related careers
- Permanent marks on your driving and criminal record
CDL holders need urgent, focused legal defense. At Joe Good Attorneys at Law, we understand how to approach DUI cases for commercial drivers. Your career may depend on the outcome and we’ll work hard to make sure you keep your livelihood and your reputation intact.
Why Legal Representation Matters in a 3rd DUI Case
A third DUI offense is complex and serious, but you do have rights. The prosecution must prove their case beyond a reasonable doubt. A skilled attorney with experience in multiple DUI cases can help challenge every element. From reviewing dash cam footage to negotiating with prosecutors, a DUI lawyer works to reduce penalties and protect your future.
Joe Good Attorneys at Law: Protecting Your Rights After a 3rd DUI in South Carolina
At Joe Good Attorneys at Law, we understand that this may be one of the most difficult moments you’ve ever faced. A third DUI charge doesn’t just put your license at risk. It can affect your freedom, your job, your family, and your future. You might feel overwhelmed, ashamed, or afraid of what comes next.
You don’t have to face this alone.
We’ve helped countless people who felt just like you do right now. People who needed someone to believe in them and fight for their future. With years of experience handling serious DUI cases in South Carolina, we know how to challenge the evidence, protect your rights, and build a defense that gives you a real chance to move forward.
This mistake does not have to define the rest of your life. Let’s take the next step together.
Contact us at 843-412-1401 to schedule a confidential consultation.
Frequently Asked Questions About South Carolina DUI Laws 3rd Offense
Can you beat a 3rd DUI charge in South Carolina?
Yes, but it depends on the details of your arrest, BAC testing, and prior convictions. Legal defenses and case strategy are essential.
How long does a DUI stay on your record in South Carolina?
A DUI conviction stays on your criminal record for life. However, DUI convictions are only considered for sentencing enhancement for 10 years.
Can a 3rd DUI be reduced to reckless driving?
In some cases, yes. With strong legal representation and depending on evidence or procedural issues, a charge may be negotiated down to reckless driving or another lesser offense.
Will I lose my license permanently after a 3rd DUI?
Not permanently in most cases, but you could face a 4-year suspension or more. Ignition interlock may be required before reinstatement.
