South Carolina takes repeat DUI offenses seriously. The laws are stricter and the penalties are harsher. If this is your second DUI within the past 10 years, you could be looking at steep fines, mandatory jail time, and a longer license suspension.
But before you assume the worst, it’s important to understand exactly what happens on your second DUI in South Carolina. Every case is different, and depending on the facts of your arrest, you may have options to fight the charges or reduce the impact.
At Savage, Royall & Sheheen, LLP, our Camden DUI lawyers have helped many individuals facing second-offense DUI charges manage this challenging time. We know the law and we know how to help you.
What Happens on Your Second DUI in South Carolina?
If this is your second offense within 10 years, the legal system considers you a repeat offender. This means the penalties will be more severe than for a first-time DUI.
A DUI second offense in SC comes with mandatory jail time, steeper fines, a longer license suspension, and additional requirements like alcohol treatment or an ignition interlock device. These penalties are designed not only to punish but also to discourage repeat behavior.
Beyond the legal consequences, a second DUI can affect your job, your reputation, your insurance, and even your ability to drive your kids to school or get to work.
In many cases, a second DUI charge also triggers a deeper investigation into your behavior behind the wheel. The court may order an evaluation to determine whether substance abuse treatment is necessary. You could be required to attend DUI education classes, submit to random testing, or comply with strict probation terms.
Penalties for a Second DUI Offense in SC
Here’s a general breakdown of what you could be facing if convicted of a second DUI in South Carolina:
- Jail Time: Minimum of 5 days to up to 1 year in jail (depending on your BAC and prior record). There is no option for community service instead of jail time.
- Fines: From $2,100 to over $10,000, not including court costs and other fees.
- Driver’s License Suspension: A second DUI results in a one-year license suspension. You may also be required to install an ignition interlock device on your vehicle.
- SR-22 Insurance: You’ll be required to carry this high-risk insurance for a minimum of three years.
- Alcohol and Drug Safety Program: Mandatory enrollment in a treatment program or counseling service approved by the state.
Each of these penalties can affect your freedom, finances, and future. The long-term consequences, such as difficulty finding employment or increased insurance costs, can linger long after the case is over.
Fighting a Second DUI Charge in South Carolina?
One of the first steps in building a strong defense is to examine closely how the traffic stop occurred. For example, did law enforcement have a valid reason to stop your vehicle in the first place?
If the initial traffic stop was illegal, any evidence gathered afterward could be inaccessible. Likewise, if the officer didn’t follow proper procedure or failed to advise you of your rights, that could also work in your favor.
Another critical area to explore is the accuracy of the BAC (blood alcohol concentration) testing. Breathalyzers must be properly calibrated and administered to produce reliable results.
If there’s any doubt about how the test was conducted or whether the equipment was functioning properly, that could be a key part of your defense. Sometimes, even medical conditions or certain medications can lead to false positives on these tests.
The state must prove its case beyond a reasonable doubt. That means every detail counts, and any weakness in the evidence can create reasonable doubt in the mind of a judge or jury. In some cases, it may be possible to negotiate a reduced charge or an alternative sentencing option that avoids the harshest penalties.
How a DUI Lawyer Can Help
If you’ve been charged with a second DUI in South Carolina, you might feel like everything is stacked against you. The legal system can feel unforgiving, especially when you already have one DUI on your record.
A good DUI defense lawyer understands how these charges can impact your life. Your job. Your license. Your freedom. At Savage, Royall & Sheheen, LLP, we treat every case with care because we understand the significant stakes involved.
Here’s how we can help:
- We Dig Into the Details: DUI cases can be full of technical issues; was the stop legal? Was the breathalyzer working properly? Did the officer follow proper procedure? We look for mistakes that could make a big difference in your case.
- We Know the System: South Carolina DUI laws are complex, and second offenses carry much harsher penalties. We’ll guide you through every step of the legal process, explain your options in plain English, and make sure you’re never left in the dark.
- We Fight for Your Future: Whether that means negotiating for a lesser charge, pushing for alternative sentencing, or going to trial, we’ll build a strategy that puts your best interests first.
Contact Our DUI Offense Lawyer
If you’re wondering what happens on your second DUI, the truth is, a lot depends on the details of your case. Jail time, license suspension, and fines are very real possibilities, but outcomes can vary. Every case is unique, and with the right legal help, there may be room to reduce the penalties or fight the charge entirely.
At Savage, Royall & Sheheen, LLP, we understand the stakes involved. We’ve helped many clients navigate a DUI second offense in SC and get results. If you have been charged with a second DUI, contact us at 803-432-4391 to request a consultation and get the legal guidance you need.