Charged with a Second DUI Offense in Lexington?
Penalties for a Second Drunk Driving Offense
A second driving under the influence offense is a serious charge that can
result in severe penalties. These penalties could include jail time, heavy
license suspension. It should be known, however, that there is hope for your case. There
are several defenses that are available and the state of South Carolina
must comply with all of the technical requirements for a DUI arrest. The
penalties for those convicted of second DUI offense are greatly enhanced
from an initial offense. If there are other criminal charges at the same
time, the penalty can be increased. The possible penalties for a second-offense
For blood alcohol levels <0.10
For those who have a BAC level of 0.08 to 0.10, they face a jail or prison
sentence of five days up to one year. There may also be a fine of approximately
$2,500 to $10,000.
For blood alcohol levels of 0.10 through 0.16
DUI offenders with a BAC level of 0.10 to 0.16 face a jail or prison sentence
of 30 days up to two years. They may also receive a fine of approximately
$2,500 to $11,000
For blood alcohol levels greater than 0.16
A jail or prison sentence of 90 days up to three years and a fine of approximately
$2,500 to $13,000 may await those with a BAC level of 0.16 or higher.
Second-offense DUI charges are prosecuted in the court of general sessions.
In many counties, they are referred to transfer court. In addition, those
convicted of second DUI offense in South Carolina will also face an additional
license suspension, mandatory SR-22 coverage, required alcohol and / or
drug counseling, as well as a requirement for the installation of an interlock
device. Although the underlying DUI law is the same, these cases are substantially
more serious due to the substantial possibility of a jail or prison sentence.
To schedule a consultation with a Lexington
criminal defense lawyer, please
contact the Law Office of James R. Snell, Jr., LLC. We represent individuals facing DUI and other criminal charges in Lexington,
Columbia and other areas in South Carolina.