License Following a Columbia Second Offense DUI

For a second offense DUI, a person’s driver’s license would be suspended indefinitely and must be cleared by completing the Alcohol/Drug Safety Action Plan, the ASAP, and having the ignition interlock device installed for two years.

These contested case hearings have very set and rigid requirements and they are either met or they are not. An experienced second-offense DUI attorney can review a person’s charges to see whether there is a good challenge to fighting the suspension.

Applying for a Restricted License

If someone has already used their root-restricted license after their license was suspended to go to and from work, the answer would be able to obtain a restricted license. However, the person does get to use it one time in their life. If they did not use it on the first offense, it is possible to use it in the second. As far as a provisional license, the likelihood of getting a provisional license is gone with a second offense. Essentially, when a person has a second offense DUI, the ability to get the license back is very low. One is still able, upon suspension, to contest it by filing with the Office of Motor Vehicle hearings and requesting a contested case hearing. For anything beyond that, the due process rights as far as being able to drive are very limited.

Penalties for a Second Offense DUI in Columbia

For a second offense DUI in South Carolina, if a person refuses to take the breath test or they had a 0.09 or 0.08 BAC, the person is looking at a $2,100 to a $5,100 fine and a minimum of five days to one year in jail, and then there would be no provisional license. If a person had a BAC of 0.10 to 0.15, the person would be looking at $2,500 to $5,500 in fines (and that does not include court costs) as well as 30 days to two years in jail. Then, for a blood alcohol content of 0.16 and above, the person would be looking at a $3,500 to a $6,500 fine and a mandatory minimum of 90 days in jail to three years in jail.

If Acquitted, How Can Drivers Get Their Licenses Back?

An acquittal is to be treated as if the person had not been arrested. The person’s name is cleared and they will be able, as soon as the documentation has been provided to the DMV, to get the full driver’s license back.

Notable Evidence for Defending the Second Offense

The evidence, again, includes finding out if the officer said that there was the odor of alcohol, how strong, whether the person had bloodshot eyes or watery eyes, whether their speech was slurred, the indicators of impairment on the field sobriety test, stumbling during the walk and turn, etc. Was the person able to follow the instructions of the officer for the field sobriety test? Also, evidence includes the person’s blood alcohol level, the BAC.

In comparison with a first-time DUI, a second-time DUI is more difficult to defend because the person has a prior conviction that the prosecutor and the judge are going to be able to see. There is no difference at all in preparing the defense, but there is a difference in how one negotiates with the prosecutor and how one has to be prepared for a prosecutor to take a stronger stance on the case.