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South Carolina DUI Conviction and License Consequences for In-State Drivers

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South Carolina DUI License Consequences

If you’ve been convicted of DUI or DUAC in South Carolina the DMV will suspend your Driver’s License. The goal of this post is to help you understand how to get your License back. Please remember that this is a broad guide and always consult an Experienced Criminal Defense Attorney.

We defend our Clients and aggressively represent them to make sure everyone receives a fair and even trial. If the DUI charge is dismissed, then your license will NOT be suspended.

Step 1: Do you have any prior DUI convictions? 

South Carolina DMV looks back 10 years prior to the incident date of your DUI to determine if you’ve been convicted of any prior DUIs. The DMV checks both In-State and Out of State records. (All 50 states) Any prior DUIs count as a prior conviction and the DMV doesn’t look at what offense of DUI you pled to.

For example: Lets say you pled to a DUI 1st Offense in 2014, and a DUI 1st Offense in 2016. The DMV will calculate you as a DUI 2nd Offender and you will be subject to Interlock Ignition Requirements.

Step 2: Determine your Blood Alcohol Content

The DMV will then look at the Blood Alcohol Content (BAC) on the Ticket or Warrant. The DMV looks ONLY at what the BAC was at conviction; they do not look at the initial BAC for license purposes.

Step 3: Calculate your Requirements

  • DUI 1st Offense (No other DUIs within 10 years) AND BAC .14 or below
    • You may be eligible for a Provisional License in South Carolina. This license will allow you to drive unrestricted ONLY in South Carolina. To obtain a provisional license you must:
      • SC Resident
      • Enroll in ADSAP
      • Obtain SR-22 Insurance
      • Pay Reinstatement fee to DMV
  • DUI 1st Offense (No other DUIs within 10 years) AND BAC .15 or above
    • You are NOT eligible for a provisional license.
    • You are required to Obtain an Interlock Ignition Device.
  • DUI 2nd Offense (Any BAC)
    • You are NOT eligible for a provisional license.
    • You are required to Obtain an Interlock Ignition Device.

This is a broad Guide to the consequences of a DUI conviction in South Carolina. Driving Under the Influence is a serious charge and it’s important to consult with an Experienced Criminal Defense Attorney.

At the Cole Law Firm we vigorously defend our Clients against the charge of DUI to protect their rights. Each attorney is trained to administer the Standardized Field Sobriety Tests and the Datamaster Machine. We defend and resolve DUI cases throughout the Upstate including; Greenville, Anderson, Oconee, Pickens, Spartanburg, and Abbeville Counties. Contact us TODAY for a free consultation.

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