Drivers in South Carolina have to follow the rules of the road. Those accused of breaking the law may face numerous serious consequences. Most types of traffic violations or driving-related crimes can carry significant fines. In some cases, traffic violations may also result in people losing their driving privileges.
If the traffic violation leads to a criminal charge rather than a ticket, jail time or even a prison sentence could be possible. Driving under the influence (DUI) charges are criminal offenses that may result in a variety of consequences.
If a driver pleads guilty or gets convicted at trial, they are subject to mandatory minimum sentence rules and could also be at risk of a much longer sentence depending on the discretion of the courts. What are the incarceration sentences possible in a South Carolina DUI case?
Sentence length increases with each subsequent offense
The courts look at several factors when deciding what punishments to impose in a DUI scenario. Those who cause injury to others or major property damage may face harsher penalties than those accused of technical violations. The number of prior offenses on a driver’s record can also be an important consideration.
A driver facing their first DUI charge could serve between 48 hours and 90 days in jail. After a second DUI conviction, the accused motorist faces between five days and three years in jail. After a third offense, the minimum sentence increases to 60 days, and the maximum sentence increases to up to five years in prison.
Those accused of a fourth DUI may serve anywhere from one to seven years in prison. In cases where the state brings felony DUI charges, the prison sentence ranges from 30 days to 25 years in prison.
In addition to considering the history of the driver accused, the courts also factor in the blood alcohol concentration (BAC) of the driver. The higher the BAC of the motorist, the longer the sentence of incarceration. Particularly when drivers have prior convictions or face charges with aggravating factors, such as very high BAC test results, they could face a lengthy jail or prison sentence.
Fighting back against DUI charges can help people avoid jail time now and the possibility of escalating consequences in the future. Those who respond assertively to DUI allegations can sometimes avoid the worst possible consequences.
