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Johnathan MWhat Is a Third Offense DUI in South Carolina?
A third DUI offense signifies that you’ve had two prior DUI or DUAC convictions in the last ten years. South Carolina’s ten-year lookback policy considers these past offenses unless they are over a decade old. Both DUI offenses under SC Code Section 56-5-2930 and DUAC offenses under SC Code Section 56-5-2933 are counted as prior violations.
If you have out-of-state DUI convictions, they will be counted if they substantially align with South Carolina’s statute. Your prior history follows you, regardless of where the earlier offenses occurred.
Importantly, the ten-year period is calculated from the date of conviction to the date of a new conviction, not the arrest date. This aspect can influence cases where there were delays between arrest and conviction or extended plea negotiations.
While a third DUI remains classified as a misdemeanor under SC Code Section 56-5-2930, the penalties are significantly more severe compared to first or Second Offense DUI charges. Such a charge becomes a felony only if there are aggravating factors, such as causing injury or death.
Penalties for Third Offense DUI in Greenville, SC
Penalties for a third DUI under SC Code Section 56-5-2930(3) depend on your BAC level, with no options for suspending minimum sentences:
BAC below .10 (or no test result): A fine between $3,800 and $6,300, with mandatory imprisonment ranging from 60 days to three years.
BAC between .10 and .15: A fine between $5,000 and $7,500, alongside mandatory incarceration from 90 days to four years.
BAC of .16 or higher: A fine between $7,500 and $10,000, coupled with mandatory jail time from six months to five years.
Court costs, assessments, and surcharges can push the financial burden well past $13,000 for even a basic third offense. Factoring in attorney fees, IID installation and monitoring, ADSAP fees, insurance hikes, and possible job loss yields an even steeper real-world cost.
Regarding your license, a third DUI conviction leads to a two-year suspension. If your third offense happened within five years of your first, this suspension stretches to four years.
Vehicle confiscation is also possible under South Carolina law when a third DUI offense occurs within ten years of your first. Upon conviction, the vehicle you’re driving, or another vehicle owned by you or a household member, may be confiscated.
Post-suspension, you must complete ADSAP and install an Ignition Interlock Device (IID) on any vehicle you drive for three years (or four if the offense was within five years of your first DUI).
How Third Offense DUI Cases Are Prosecuted in Greenville County
Third DUI cases are handled in Greenville County General Sessions Court, meaning circuit court judges, rather than magistrates, preside over the case. The formal procedures of a higher court apply. The Greenville County Solicitor’s Office allocates experienced prosecutors to these cases.
To establish the third-offense enhancement, the prosecution must prove past convictions. Certified copies of your previous conviction records are presented to the court. Once introduced, these convictions become established facts.
The evidentiary components mirrored in any typical DUI case include officer observations, field sobriety test performance, dashcam and bodycam footage, and breathalyzer or blood test results. However, a jury is aware of your past convictions, which impacts their assessment of credibility and extends less benefit of the doubt.
Administrative license processes run simultaneously with the criminal case. If you refused the breathalyzer or your BAC was .15 or higher, the implied consent suspension is addressed through the Office of Motor Vehicle Hearings. You’re given 30 days from your arrest date to request a hearing to challenge this, and missing this deadline results in forfeiture of your right to challenge it.
Due to the severity of the penalties, prosecutors in the 13th Judicial Circuit are generally disinclined to reduce third-offense DUI cases to lesser charges, barring significant evidentiary issues. Therefore, an exhaustive defense investigation and thoughtful preparation from the outset are crucial.
Defense Strategies for Third Offense DUI
Even if charged with a third DUI, a conviction is not guaranteed. Prosecutors must prove every element of the charge beyond a reasonable doubt.
Challenge the Traffic Stop: The Fourth Amendment remains applicable. If an officer lacked a justifiable reason for stopping your vehicle, the entire case might be suppressible, regardless of your record. An unlawful stop is unlawful, regardless of prior arrests.
Challenge Prior Convictions’ Validity: The enhancement for a third offense necessitates two valid previous convictions within the lookback period. If any of these convictions can be contested on constitutional grounds, fall outside the ten-year window, or if an out-of-state conviction does not align with South Carolina’s statute, the charge may be reduced to a second or even first offense.
Examine Field Sobriety Testing Procedures: Officers must follow NHTSA-standardized protocols for performing and scoring field sobriety tests. Deviations from these protocols yield unreliable results. Defense attorneys can scrutinize the officer’s training records and circumstances under which the tests were administered.
Question Breathalyzer Evidence: The DataMaster breathalyzer requires specific maintenance, calibration, and operational compliance. Examine all maintenance logs, operator certification history, and calibration records to highlight errors that could undermine the BAC reading’s credibility.
Target BAC Tier to Mitigate Penalties: Even if acquittal isn’t attainable, if prosecution can’t prove a BAC of .10 or .16, it can significantly impact the mandatory sentence. The variance between a BAC under .10 and one at .16 or above differentiates a 60-day minimum from a six-month minimum.
File Suppression Motions: Procedural violations during the arrest, investigation, or testing process could provide grounds for suppression motions, thereby impacting the prosecution’s case if evidence is suppressed.
Facing a third DUI charge puts you at risk of a Felony DUI (4th Offense), carrying harsher consequences, including potential felony charges and years-long sentences. Challenging your current charge vigorously now could prevent the more severe penalties of a fourth offense.
Should there be injuries from the incident, the charge may include a DUI Causing Great Bodily Injury, classified as a felony under SC Code Section 56-5-2945, with sentences ranging from 30 days up to 15 years imprisonment. The worst-case scenario is a DUI Causing Death charge, with penalties up to 25 years of imprisonment.
If drug involvement contributed to your arrest, a Drug Lawyer should collaborate with DUI defense counsel to tackle substance-related issues.
Why You Need a Third Offense DUI Lawyer in Greenville
The potential for mandatory jail sentences, vehicle forfeiture, prolonged license suspensions, and persistent insurance hikes makes a third DUI one of South Carolina’s most serious charges short of a felony. The choice you make about your legal representation immediately affects your case’s outcome.
Attorney John Crangle serves as a DUI Lawyer defending clients in Greenville County and the 13th Judicial Circuit against various DUI levels. With a keen understanding of breathalyzer evidence, field sobriety standards, and mandatory procedural adherence by officers, he’s managed first offenses, second offenses, and critical third-offense cases, highlighting that each case presents unique facts offering specific defense avenues.
For clients previously encountering drug-related issues influencing their DUI pattern, support to tackle underlying substance concerns forms a vital part of a comprehensive strategy.
Clients with older record convictions might consider whether past charges qualify for Expungement, influencing the counting of one’s priors.
Facing a third offense DUI without a Greenville Criminal Defense Lawyer experienced with serious DUI cases is a risk you shouldn’t take.
Contact John Crangle following your third DUI arrest promptly. The earlier you enlist legal help, the broader your available options remain.