DUI Conviction Penalties

Our primary objective is representing you is to try and find a way to eliminate the risk of you being convicted of DUI or DUAC. That is often easier said than done. We have been very successful in both defending these kinds of cases in the courtroom and in negotiating satisfactory compromises prior to trail. The determination as to how best to defend your case can't be made until I have a full account of the facts from your perspective and have reviewed and analyzed all of the evidence the government has available to use against you.

In order to make an informed and intelligent decision with regard to the question of whether you should hire a qualified lawyer to defend you, you need to know the consequences of being convicted. These penalties apply equally to the offenses of DUI and DUAC, but I will explain the consequences in the context of the more common DUI conviction.

DUI Conviction Penalty Table

Driving under the influence

Driving with an Unlawful Alcohol Concentration

First Offense

If you are convicted of DUI 1st offense, and you refused the breath or blood test or took the test and the reported test result was .09 or less, you face the prospect of being sentenced to a period of a minimum of 48 hours up to 30 days in jail, or a monetary fine of just under one (1) thousand dollars. If you provided a breath or blood sample and the result was .10 to .15, you face a fine of more than $1200 or a jail sentence of a minimum of 72 hours up to 30 days. If you provided a breath or blood sample and the reported result was .16 or greater, you face a fine of over $2200 or a jail sentence of a minimum of 30 days up to 90 days in jail. Your license will be suspended for a period of 6 months. The conviction will be entered into the national criminal information database and you will have a criminal record for the rest of your life. There is no way to have the record of the conviction expunged or destroyed; it is there for life and beyond. The conviction will be entered on your driving record and will remain there for life.

After being convicted, but before being issued a license you must at your expense enroll in the ADSAP program. You must also purchase SR-22 insurance and maintain that it for a period of three years.

Once returned to you, your license will have a code F, which means to anyone that examines it that you have been convicted of Unlawful Operation of a vehicle. If you are arrested for unlawful operation again within 10 years of the arrest in this case, you will be charged with a 2nd offense and that case will be prosecuted in the court of general session.

Second Offense

If convicted of a 2nd offense and you refused or provided a breath or blood sample and the reported result was .09 or less, you face a fine of $2100 to $5100 and a jail sentence of a minimum 5 days up to one year in prison. If convicted of a 2nd offense where your blood alcohol concentration was .10 to .15, you face a fine of $2500 to $5500 and a jail sentence of 30 days to 2 years. If convicted of a 2nd offense where your blood alcohol concentration was .16 or greater, you face a fine of $3500 to $6500 and a jail sentence of 90 days to 3 years. You lose your driver's license for 1 year, with no driving privilege available during that year. You must complete ADSAP again and obtain SR-22 for 3 more years.

Third Offense

If convicted of a 3rd and you refused or provided a breath or blood sample and the reported result was .09 or less, you face a fine of $3800 to $6300 and a jail sentence of a minimum of 60 days up to 3 years. If convicted of a 3rd offense where your blood alcohol concentration was .10 to .15, you face a fine of $5000 to $7500 and a jail sentence of 90 days to 3 years. If convicted of a 3rd offense where you blood alcohol concentration was .16 or greater, you face a fine of $7500 to $10,000 and a jail sentence of 6 months to 5 years. You lose your license for 2 years with no driving privilege available and must again complete ADSAP and obtain SR-22 insurance for 3 more years.

Fourth Offense

If convicted of 4th or greater offense and you refused or provided a breath or blood sample and the reported result was .09 or less, you face a jail sentence of a minimum of 1 year up to 5 years. If convicted of a 4th or subsequent offense and your blood alcohol concentration was .10 to .15, you face a jail sentence of a minimum 2 years up to 5 years. If convicted of a 4th or subsequent offense and your blood alcohol concentration was .16 or greater, you face a jail sentence of a minimum of 3 years up to 7 years. In the event of a conviction for a 4th or subsequent offense you will also suffer the permanent revocation of your license.

These ranges reflect a national trend of greater penalties based on reported blood alcohol concentration and conviction history. More people are likely to go to jail if convicted in these kinds of cases. South Carolina has gotten serious with these penalties. You've got to get serious about your defense. You may have only one chance to get it right. Your first step toward peace of mind is to contact the Carroll Law Firm.

Carroll Law Firm LLC
44-C Markfield Drive
Charleston, SC 29407
Charleston Law Office

Phone: 843-628-2351
Toll Free: 877-308-4835
Fax: 843-737-4265