License Following a Lexington Second-Offense DUI

What happens to the driver’s license after a second-offense DUI charge depends on whether it is an implied-consent suspension. If it is before a conviction and a person got arrested, they may use the implied consent. Implied consent is that by driving on the roads in South Carolina the driver has consented to give a breath test. If the driver refuses the breath test, they face a penalty and will have their license suspended.

For a second-offense DUI, if an individual has the blood alcohol content (BAC) level above 0.15, they are facing a two-month suspension. This is all administrative and entirely separate from the criminal aspect. In a criminal case, if a person is convicted of a second-offense DUI, it depends on whether a person refused the breath test or whether they had a BAC level of 0.09 or lower or whether it is a 0.1 to 0.15 or a 0.6 and above.

Read below to learn more about the license following a Lexington second-offense DUI. And if you are facing charges, reach out to an experienced second-offense DUI lawyer.

Second-Time DUI Penalties and License Suspensions

In addition to a driver’s license suspension, an individual charged with a second-time DUI is looking at many other penalties. When someone is charged with a second DUI, they are facing a $2,100 to $5,100 fine. They are also looking at a minimum of five days to one year in jail if they refused the breath test or their BAC level was 0.09 or less. However, if the person’s BAC level is 0.10 to 0.15, the person faces a fine of $2,500 to $5,500 and a jail time of up to a minimum of 30 days to two years.

The highest level, the 0.16 and above blood alcohol content carries a fine of $3,500 to $6,500 and a minimum of 90 days up to three years in jail. A defendant facing these penalties should obtain an accomplished criminal attorney right away.

Challenging a License Suspension Following a Second DUI

Challenging a license suspension following a Lexington second-offense DUI is similar to a first-time DUI. The defendant is going to contest the suspension at a motor vehicle hearing with the officer within 30 days of the issuance of the notice of suspension.

At the hearing, they will be looking at whether it was a lawful arrest or a person being detained and whether they were given a written copy and formally informed of their implied-consent rights. Also, whether there was a refusal to submit to the breath, blood, or urine test, or whether the person consented to the test and their BAC was 0.15 and more. Another issue is whether the test operator was qualified, whether the sample that was tested was obtained pursuant to South Carolina code section 565.29.5O and proof that the breath test machine was working properly.

Applying for a Restricted License

If arrested for a second-offense DUI and their driver’s license is suspended, it is not that the person has been convicted, but it is a suspension based on either refusing the breath test or having a BAC above 0.15. Then, the person has 30 days to file for a contested motor-vehicle hearing. If the officer did what they were supposed to, the notice of suspension would be given the same night as the arresting day of the arrest.

Getting License Back Following an Acquittal

An implied consent suspension is entirely separate from a DUI charge. If a person had an implied consent suspension for nine months because they refused it for the second time and that was upheld but was acquitted on the DUI, they still will have a suspended license for nine months. If, however, they were convicted and their license was suspended on top of the implied consent suspension, one could break it down in two parts of administrative and criminal. The first set of implied-consent suspensions are entirely separate from any of the criminal consequences.

To learn more about your driver’s license following a Lexington second-offense DUI, call an accomplished lawyer.