Second Offense DUI in South Carolina

Under South Carolina Motor Vehicles Laws, individuals are prohibited from operating a vehicle while under the influence of alcohol, drugs, or a combination of substances to the extent that they are considerably impaired. Driving with a blood alcohol concentration (BAC) of 0.08 or more will be inferred as being under the influence. Furthermore, having a BAC of between 0.05 and 0.08 can be considered, along with other evidence, to deduce that a person is under the influence. A second DUI in South Carolina or DUAC (Driving with an Unlawful Alcohol Concentration) in South Carolina occurs when an individual with a prior DUI or DUAC within the past ten (10) years is arrested again for either offense.

Generally, a second DUI or DUAC is treated more seriously than a first offense and carries harsher penalties aimed at deterring repeat violations. This reflects the state's zero-tolerance stance on DUI offenses, recognizing that these types of offenses pose a significant threat to public safety.

Is a 2nd DUI a Felony in South Carolina?

It depends on the circumstances surrounding the DUI offense. By default, a second DUI offense is a misdemeanor. However, if it results in grievous bodily harm to or the death of another person, it is upgraded to a felony DUI, which carries stiffer penalties.

What is The Lookback Period for a Second DUI in South Carolina?

A lookback period is the amount of time a prior DUI offense is considered when determining whether a subsequent DUI qualifies as a second offense. The lookback period for a second DUI offense in South Carolina is 10 years. Although a first and second DUI offense are misdemeanors, penalties for a second DUI are harsher.

What Are The Aggravating Factors in a Second DUI?

In South Carolina, aggravating factors in a second DUI are details concerning the offense that warrant stricter penalties, such as longer prison sentences, higher fines, and a prolonged license revocation period. Some of these aggravating factors include, but are not limited to:

• Prior offenses
• Refusing a breathalyzer test
• DUI causing serious injury or death
• Child passenger (a person 16 years or younger)
• A Blood Alcohol Content (BAC) of 0.15 percent or higher
• An open container of beer, wine, or liquor

Some aggravating factors can merit additional or more serious charges. For instance, committing a DUI with a child passenger can lead to an additional child endangerment charge, while a DUI causing serious injury or death is a felony offense. On the other hand, a prior offense or a high BAC can prompt enhanced penalties.

What Happens If You Get a 2nd DUI/DWI in South Carolina

Some of the possible penalties for a second DUI in South Carolina include the following:

• Fines of between $2,100 and $6,500, depending on the offender's BAC level at the time of arrest
• Five (5) days to three (3) years jail time without the option for community service.
• License suspension of up to one year
• Mandatory Ignition Interlock Device (IID) for up to two (2) years
• Higher insurance premiums

How Long Does a Second DUI Stay On Your Record in South Carolina?

Forever. In South Carolina, once a second DUI is recorded, it stays on the offender's record forever, and there are no procedures that allow for its removal. Generally, DUI convictions are not expungeable under South Carolina laws. They can have long-lasting effects on various aspects of an individual's life, including personal relationships, housing options, and employment opportunities.

How Much Does a Second DUI Cost in South Carolina

The base fine for a second DUI in South Carolina is between $2,100 and $5,100, depending on the offender's BAC level at the time of arrest. Surcharges and assessment fees typically increase these fines to $10,744. In cases where the DUI involves severe injuries or death, fines of up to $10,100 (with assessments and surcharges of $21,119.50) and $25,100 (with assessments and surcharges of $52,244.50), respectively, are usually imposed. Other additional costs for a second DUI in South Carolina may include, but are not limited to:

• Increased auto insurance premiums
• Ignition Interlock Device (IID): the installation fee is $70 to $150 or more per vehicle, the monthly monitoring and calibration fee is $50 to $100 or more, and the removal fee is $50 or more
• Court fees: minimum of $1,500
• License reinstatement fee: $100
• An open container of beer, wine, or liquor: $100
• Towing and storage costs
• Traffic school
• Legal fees

Chances of Going to Jail for a Second DUI in South Carolina

In South Carolina, the expected jail or prison sentence for a second DUI offense varies based on the offender's BAC level at the time of arrest. A detailed breakdown is provided below:

• BAC levels <0.10%: five days up to one year
• BAC levels of 0.10% to 0.16%: thirty days up to two (2) years
• BAC levels greater than 0.16%: ninety days up to three (3) years

Meanwhile, if the DUI resulted in severe injury or death of another person, the offender can face prison time of up to 15 years and 25 years without parole, respectively. Other aggravating factors, such as having an open beer, wine, or liquor container, are subject to 30 days' imprisonment.

Driver's License Suspension for a Second DUI in South Carolina

Under the SC Laws Relative to Impaired Driving, an individual can have their driver's license suspended for one year for a second DUI offense. Within their license suspension period, such offenders may be eligible for a route-restricted driver's license or a temporary alcohol license (TAL), depending on the specifics of their offense. For instance, individuals arrested for a second DUI with a BAC level of 0.15% are eligible for both types of licenses, and they each cost $100

To apply for a route-restricted license, applicants can complete the Application for a Route Restricted Driver's License (SCDMV Form DL-127) and mail it to:

SCDMV
Driver Records
P.O. Box 1498
Blythewood, SC 29016-0028

On the other hand, an individual can request a TAL license from the South Carolina Department of Motor Vehicles (SCDMV) while awaiting a hearing. The SCDMV License Reinstatement Page provides more information about the reinstatement of temporary licenses.

Ignition Interlock Device Requirement

An Ignition Interlock Device (IID) is a breath test machine that analyzes an individual's breath to determine whether alcohol is in their system. When an IID is installed in a vehicle, the driver must blow into it before the vehicle can be started. If the IID detects alcohol, it will prevent the vehicle engine from starting; otherwise, the engine will start.

In South Carolina, a second DUI conviction requires the offender to install an ignition interlock device (IID) on their vehicle for a minimum of two years. The offender is responsible for paying for the installation and monthly maintenance fee for the IID.

DUI School and Substance Abuse Treatment

Individuals convicted of a second DUI must enroll in the South Carolina Alcohol and Drug Safety Action Program (ADSAP). The program can take up to 12 months to complete, and enrollment costs around $2,500 ($500 for education services and $2,000 for treatment services). Offenders can enroll with any certified ADSAP provider in the state. The ADSAP Brochure provided by the South Carolina Department of Alcohol and Other Drug Abuse Services contains the contact information of some of these providers.

Probation Conditions

For a second DUI offense, an offender may be placed on up to five (5) years of probation and, depending on the specifics of the offense, mandatory jail time. Some of the standard conditions of probation during this timeframe include:

• Not violating any federal, state, or local law.
• Abstaining from drinking alcohol and the use of controlled substances, except if prescribed by a licensed physician.
• Not possessing or purchasing any firearms or other dangerous weapons.
• Enrolling in ADSAP.
• Reporting to the probation officer regularly.
• Installation of an Ignition Interlock Device (IID).
• Submitting to regular sobriety testing.
• Paying supervision fees and other financial obligations

Community Service Requirements

In South Carolina, community service is not a required penalty for a second DUI conviction. However, an individual who is unable to pay for their South Carolina Alcohol and Drug Safety Action Program (ADSAP) is required to perform fifty hours of community service according to SC Code § 56-5-2930(H).

Impact on Auto Insurance

DUI offenders are generally labeled high-risk drivers by insurance providers because they are seen as more likely to engage in risky driving behavior and have a higher probability of a claim. Insurance providers impose higher premiums on repeat DUI offenders to circumvent this risk and reduce their exposure to financial losses.

Additionally, DUI offenders must submit the SR-22 form to the South Carolina Department of Motor Vehicles (SCDMV) to reinstate their suspended licenses. The form is filled out by the offender's insurance provider, and it can also warrant higher insurance premiums.

Which Courts Handle DUI Cases in South Carolina?

In South Carolina, traffic offenses, including DUIs, are handled by the Magistrate or Municipal Courts. The former has jurisdiction over most traffic cases, while the latter prosecutes misdemeanor traffic violations. The addresses and contact information of some notable Magistrate and Municipal Courts are detailed below:

Greenville County Magistrate Court - Greer
100 South Main Street, Suite A,
Greer, SC 29650
Phone: (864) 877-7464

Greer Municipal Court
100 South Main Street,
Greer, SC 29650
Phone: (864) 848-5374
Fax: (864) 848-5377

Richland County Magistrate Court - Columbia
3875 Lucius Road,
Columbia, SC 29201
Phone: (803) 576-2510
Fax: (803) 576-2519

Richland County Magistrate Court - Dentsville
2500 Decker Boulevard,
Columbia, SC 29206
Phone: (803) 576-2560
Fax: (803) 576-2569

Columbia Municipal Court
811 Washington Street,
P.O. Box 644,
Columbia, SC 29202
Phone: (803) 545-3150

The South Carolina Department of Motor Vehicles (SCDMV) enforces or oversees most administrative penalties for a DUI, such as license suspension and Ignition Interlock Device (IID) Installation. The SCDMV is also responsible for reinstating licenses. Interested persons can contact the SCDMV at (803) 896-5000 or visit any SCDMV branch to inquire about different types of license suspension and license reinstatement procedures.

Can You Get a DUI on a Horse in South Carolina?

No. The South Carolina Motor Vehicles Laws do not apply to riding a horse, as horses are not categorized as motor vehicles. Nonetheless, other charges may be levied against an individual for riding a horse while under the influence, such as reckless endangerment, animal cruelty, or public intoxication.