Driving under the influence (DUI) is a serious crime in South Carolina, even if it is your first offense. However, if it is your fourth or subsequent offense, you face the harshest penalties applicable by state law.
First, you must understand that a fourth DUI offense is a felony. This means that a conviction will result in a prison sentence, rather than a jail term.
In order for your DUI to qualify as a fourth offense, you must have three or more prior DUI or DUAC convictions in a ten-year period. It doesn't matter if you previously were convicted of a 2nd or 3rd offense, all prior convictions count.
The following is a breakdown of the penalties for a fourth DUI offense in South Carolina based on the blood alcohol content (BAC) of the driver:
BAC of less than .10 percent or a refusal– A conviction will result in imprisonment between one year to five years, fines of up to $10,000, and permanent driver’s license suspension.
BAC of between .10 and .15 percent – A conviction will lead to a prison sentence ranging from two to six years, fines of up to $10,000, and permanent driver’s license suspension.
BAC of at least .16 percent – A conviction is punishable by a prison term between three and seven years, fines of up to $10,000, and permanent driver’s license suspension.
Fine amounts will also be increased due to court costs.
Even though the penalties for a conviction are greatly enhanced, it can still be possible to avoid the minimum prison sentence. Depending on the circumstances, DUI charges can be reduced or dismissed. All of the legal defenses and challenges that this website discusses also apply to repeat-offense DUI's, including a fourth offense.
If you or a loved one is facing a DUI charge in Lexington, look no further than the Law Office of James R. Snell, Jr., LLC to protect your rights and freedom. Since 2004, we have provided clients facing serious DUI charges with aggressive and personalized legal representation inside and outside the courtroom.
Contact us today at (803) 359-3301 and schedule a free initial consultation. Let our firm help you obtain the most favorable outcome in your case!