In South Carolina, DUI laws are designed to impose harsher penalties on those who commit repeat offenses. Under § 56-5-2930 of the South Carolina Code, it is unlawful to drive a motor vehicle while under the influence of alcohol, drugs, or a combination of substances to the extent that your ability to drive is materially and appreciably impaired. If you’ve previously been convicted of DUI or DUAC (Driving with an Unlawful Alcohol Concentration), and you’re arrested again within ten years of the offense date of that prior conviction, the new charge may be prosecuted as a second or subsequent offense.
This ten-year look-back window plays a critical role in how repeat DUI offenses are charged and resolved. It is not based on the conviction date, but rather the offense date—meaning if you were convicted in 2017 for an arrest that occurred in 2015, the ten-year clock starts from 2015. This distinction is important for understanding your exposure to enhanced charges.
When someone is charged with a second DUI offense, the case is no longer handled in a lower-level Magistrate or Municipal Court. Instead, it is transferred to General Sessions Court, where it is prosecuted by the local solicitor’s office. General Sessions Court handles serious criminal charges in South Carolina, including all felonies and enhanced misdemeanors. For defendants, this means facing a much more formal legal process, including grand jury indictments, preliminary hearings, and potential jury trials.
The penalties for a second DUI conviction are significantly more severe than for a first offense. In addition to a longer potential jail sentence and license suspension, those convicted of a second offense will be required to install an ignition interlock device (IID) on their vehicle for at least a year as a condition of restoring their driving privileges. Participation in the Alcohol and Drug Safety Action Program (ADSAP) is also mandatory, and insurance costs will likely increase substantially.
One overlooked issue is that officers do not always properly charge a repeat DUI when they could. This may be because the arresting officer was unaware of the prior conviction at the time of the arrest or due to an administrative oversight. However, once the prosecutor or the court becomes aware of the previous DUI or DUAC conviction, the charge may be automatically upgraded to a higher-level offense. This change can occur well after the initial court date, and it is not uncommon for defendants to appear in court believing they’re facing a first offense, only to be informed that the charge has been amended to a second or even third offense.
This is one of many reasons why early legal representation is critical. An experienced DUI defense attorney can identify whether the state has properly followed the correct procedures, challenge the legality of the traffic stop or arrest, and investigate whether the breath or blood testing complied with South Carolina law. Moreover, a lawyer can help negotiate potential reductions or explore diversionary options, when available, to avoid the most serious consequences of a conviction.
The consequences of a repeat DUI conviction are life-changing. In addition to jail time and loss of license, many people face job loss, financial instability, and lasting damage to their reputations. However, being arrested does not automatically mean that you will be convicted. There are legal defenses available, and it’s important to act quickly.
The Law Office of James R. Snell, Jr., LLC, provides aggressive and experienced representation for clients charged with DUI across Lexington, Columbia, and throughout South Carolina. Whether this is your first, second, or even third offense, we will help you understand your rights and fight for the best possible outcome.
To schedule a free consultation, contact our office today at (803) 359-3301.