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Penalties For A Second Offense DUI Or DUAC In Spartanburg, SC
Anytime someone is facing a DUI or DUAC charge in Spartanburg it’s serious but when it’s a second offense the person is facing very substantial penalties. The judge will ultimately consider a number of different factors before deciding on the final sentencing but he does have a minimum and maximum range to consider. Here we’ll take a look at penalties for a second offense DUI or DUAC in Spartanburg, SC.
When Is A DUI Considered A Second Offense?
If a driver has been convicted of a DUI or a DUAC in the last 10 years and they are being charged and convicted of one of these offenses again, then it will be considered a second offense. Sentencing and penalties will be determined by a number of factors. The law will require at least 5 days in jail if convicted of a second offense and a defendant could face up to a year. If they are found to have an exceptionally high blood alcohol content such as .10% to .16% then they can face up to two years in jail and if over .16% then they could be looking at as much as three years in jail.
In South Carolina, most local lockups will allow an individual to stay there if their sentencing is less than 12 months. If more than 12 months they are typically required to transfer to prison. This means that the longer sentencing could mean hard prison time. Most would agree that there is a substantial difference between being locked up in city or county lockup versus having to go to prison.
What Are Some Of The Fines And Other Penalties That Someone Convicted Of A Second DUI In Spartanburg Might Receive?
The total fine that someone convicted of this crime may face will depend in part on what their blood alcohol content was found to be at the time of the offense. As an example, if it was under .10% then they could pay as little as $2,100. If on the other hand, it was between .10% to .16% then they could get a fine of as high as $6,500. Those who are found to have a BAC of more than .16% could be charged even more. The judge would ultimately determine the fine under those circumstances.
Other Penalties Imposed On Those Convicted Of A Second DUI
The one who is convicted will have to take part in the Ignition Interlock Program. This means that they will use the device that is installed on their car and it will need to remain there for two years. The cost related to all of this will be the burden of the one convicted of the crime. Any vehicle that the convicted person has must have one of these IID’s installed. If their vehicle doesn’t have one then it will be immobilized.
If Arrested And Facing A Second DUI Conviction Should I Have An Attorney?
Anyone facing this type of charge who doesn’t think they need an attorney is misinformed. This is a very serious charge and it is one that every defendant should have a qualified and experienced attorney representing them in the case. The difference between having someone who specializes in this area of law and not having an attorney is tremendous. There is no doubt that every defendant will benefit when they make use of an experienced attorney who specializes in being a DUI lawyer.