A DUI conviction in South Carolina creates a permanent, lifetime criminal record. Unlike many other offenses, a DUI conviction cannot be expunged or removed from your criminal history. This applies even to first-time DUI offenses. Whether you were convicted in Lexington, SC, Columbia, SC, or anywhere else in South Carolina, the consequences are long-lasting and can significantly impact your life.
What is a DUI Conviction?
A DUI conviction occurs when someone either pleads guilty or is found guilty by the court. It’s important to note that an arrest is not the same as a conviction. An arrest happens when someone is initially taken to jail and charged with DUI. This arrest is reported to the South Carolina Law Enforcement Division (SLED) and becomes a public record, meaning that others can find out about a pending DUI case even before a conviction occurs.
Can a DUI Conviction Be Expunged in South Carolina?
No. In South Carolina, a DUI conviction cannot be expunged. It remains on your criminal record for life. This includes convictions in Lexington, SC, Columbia, SC, and throughout the state. This permanent record can be accessed by employers, landlords, and anyone conducting a background check.
However, if your DUI charge is dismissed, reduced, or if you are found not guilty by the court, you will not face a lifetime criminal record. In such cases, the DUI arrest can be expunged, meaning all records of the case are removed from your criminal history. At the Law Office of James R. Snell, Jr., LLC, we help clients fight DUI charges and work to prevent convictions whenever possible.
How Long Does a DUI Stay on Your Driving Record in South Carolina?
In addition to your criminal record, a DUI conviction also affects your driving record, which is maintained by the South Carolina Department of Motor Vehicles (DMV). Here’s how it works:
- The DMV receives information about a DUI only if there is a conviction. Pending DUI cases are not reported.
- DUI convictions are listed on your driving record and can be viewed on both 3-year and 10-year driver history reports.
- A DUI conviction can enhance any future DUI charges for up to 10 years, which means you could face more severe penalties for a DUI 2nd, DUI 3rd, or even a Felony DUI.
What About Implied Consent Violations?
An Implied Consent Violation occurs if you:
- Refuse to take a breath or drug test, or
- Provide a breath sample of 0.15 or higher.
This violation is reported to the DMV and stays on your driving record, regardless of the outcome of the DUI case. This means even if your DUI charge is dismissed or reduced, the Implied Consent Violation will not be expunged.
Why You Need a DUI Attorney in Lexington and Columbia, SC
If you have been arrested for DUI in Lexington or Columbia, SC, it is crucial to take action immediately. A DUI conviction carries lifelong consequences, including a permanent criminal record and significant impacts on your driving record. At the Law Office of James R. Snell, Jr., LLC, we fight for our clients' rights in DUI cases, regardless of the evidence or circumstances. Our goal is to help you avoid a conviction and protect your future.
Contact the Law Office of James R. Snell, Jr., LLC
Our office is based in Lexington, South Carolina, and we proudly serve clients in Columbia and all surrounding areas. We offer free consultations to discuss your case and your legal options.
Call us today at (803) 359-3301 to schedule your consultation with an experienced DUI attorney.