These three questions cover the penalties for a first, second, and third DUI in South Carolina, what happens when a person is charged with DUI more than once, and how probation works. Together, they explain how DUI penalties become more serious with each offense, how a prior conviction affects a new charge, and what probation requires as an alternative to incarceration.
Frequently Asked Questions
What are the possible penalties for DUI 1st, 2nd, and 3rd?
The penalties for DUI are basically that you can lose your license, your license will be suspended, and a person could go to jail for a DUI. The other thing that could happen is a person could be required to get an interlock ignition device, in other words, a device that’s put into your car so that you have to basically give a breath sample in order to drive your own car.
The penalties for a DUI 1st, 2nd, and 3rd offense, of course, get more serious. A 2nd offense penalty is a circuit court or general sessions offense which carries up to a year in jail. Third offense, the penalty is even greater. And the license suspensions become more serious. So, it’s very important if you’ve been charged with DUI to make sure to take the proper steps to defend yourself.
If you have a prior DUI conviction, it stays on your license in South Carolina (on your driving record) for ten years, and so if you had a DUI conviction and then you’re charged again within that ten-year period, it’s a second offense. If you had another one, it’s a third offense and it becomes much more serious. So, it’s very important to see what you can do to make sure you do not get convicted of the first offense.
If you do not get convicted of it, just being charged with it doesn’t stay on your record. It comes off your record because it’s not a conviction, and so it’s very important to do everything you can to try to avoid a DUI conviction.
What happens if I am charged with a DUI more than once?
If a person is charged with DUI and convicted, then the second DUI is what’s called a second offense, or “DUI second,” which has enhanced penalties and it’s more serious. You can also have a situation though, where a person is charged with a DUI, has not been to court yet, receives another DUI violation, and, in that instance, both of those are considered first offenses.
What is probation and how does it work?
Probation is also referred to as “supervised release.” For someone to be on probation, the person would go to court, enter some kind of plea, plead guilty to the offense, and then be placed on probation which would require them to report to a probation officer regularly, submit to random drug tests, and perform other things, maybe community service or pay restitution if that’s applicable. So, it’s not going to jail; it’s an alternative to incarceration.
Greg McCollum brings 30 years of experience and a background as a former prosecutor to DUI defense in South Carolina. Every DUI charge is different, and the steps taken early can affect how a case moves forward.
If you have questions about DUI penalties, repeat DUI charges, or probation, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.