Facing a second DUI charge in South Carolina, particularly in Charleston or Mt. Pleasant, comes with much higher stakes than a first-time offense. Prosecutors often take a stricter stance, making it more challenging to negotiate reduced charges or alternative resolutions. If you’re in this situation, working with a knowledgeable attorney who focuses on second DUI cases is essential.
Understanding South Carolina’s 10-Year Lookback Rule
South Carolina enforces a 10-year lookback period for DUI charges. This means that if you receive a second DUI charge within ten years of a prior conviction, it will be treated as a repeat offense. However, only convictions from your record count toward this designation. If a previous case was dismissed or resulted in an acquittal, it won’t impact your current case.
Penalties for a Second DUI in Charleston and Mt. Pleasant
The consequences of a second DUI depend largely on the blood alcohol content (BAC) at the time of the arrest:
- BAC between .08% and .10%: Jail time ranges from five days to one year, and fines vary up to $5,100.
- BAC between .10% and .16%: Time in jail ranged from 30 days to two years along with fines up to $5,500.
- BAC above .16%: Penalties increase to 90 days to three years in jail and fines increase up to $6,500.
In addition to these penalties, individuals are required to install an Ignition Interlock Device (IID) for two years. License suspension periods also increase, with second offenses leading to a one-year suspension compared to six months for a first offense.
How Courts Handle Second DUI Offenses
South Carolina is more strict on second DUI cases. Elements influencing the outcome may include the offender’s BAC, prior convictions, and any evidence of substance abuse issues. Unlike first-time DUIs, second offenses do not qualify for diversion programs, though probation might be an option in certain circumstances.
It’s important to note that pleading guilty to a second DUI carries long-term implications. Future offenses, such as a third DUI, could lead to even harsher penalties, including significant prison time.
Building a Defense for Second DUI Cases
Several factors can play a role in building a defense for a second DUI charge:
- Employment Impact: Whether losing driving privileges would affect your job.
- Substance Abuse Concerns: Any history of underlying issues that might need addressing.
- Law Enforcement Practices: Investigating whether field sobriety or breathalyzer tests were administered correctly and by a qualified officer.
Expungement and Repeat Offenses
South Carolina does not allow DUI convictions to be expunged from your record. This makes it even more important to avoid additional charges during the 10-year lookback period, as repeat offenses carry progressively severe consequences.
Get Help with Your Case
If you’re facing a second DUI charge in Charleston or Mt. Pleasant, partnering with an experienced local attorney like Joe Good, Attorney at Law, can make a significant difference. A skilled lawyer can help you navigate the complexities of DUI laws in South Carolina and work toward the best possible resolution for your case. Contact our team today for a free consultation about your case.
