With a second-offense DUI charge in Charleston, an individual’s license can be suspended under the state’s implied consent law, depending on whether they refused a lawfully requested BAC test. If the arrestee blew a 0.15 BAC or higher on the DataMaster breath test device, the suspension for a second alcohol-related offense could be two months. If one refuses the breathalyzer machine, the suspension for a second-offense DUI is nine months.
If you have been charged or convicted, consider reaching out to an attorney. A DUI lawyer could help you retain your license following a Charleston second-offense DUI charge and ensure that you maintain your personal freedom and mobility.
License After a Second DUI Conviction
If an individual is convicted of a second-offense DUI in Charleston, their driver’s license will be suspended indefinitely until they complete the Alcohol and Drug Safety Action Program (ADSAP) and obtain an ignition interlock device license, which is to be used for two years.
An ignition interlock device is an electronic breathalyzer system that is attached to a car’s ignition. In order to drive a car with an IID installed, the driver must blow into the breathalyzer and establish that they have a safe and legal blood alcohol content.
The offender may be given permission to drive following the reinstatement of their license, provided that they have an ignition interlock device installed on their car. If someone chooses not to have the ignition interlock device, their license is suspended for two years for a second-offense DUI.
Challenging a License Suspension
The license penalties for a DUI conviction are dictated by state statute, so there is no opportunity to challenge the period of time on which an individual is suspended if they are convicted of a second-offense DUI. That is why it is important to investigate the case thoroughly at the beginning to look for key evidence of innocence to come to a resolution with a prosecutor. Only an acquittal could allow a defendant to avoid the penalties for second-offense DUI conviction with regards to driver’s license.
A driver could apply for a restricted license after being charged with a second-offense DUI in Charleston. A restricted license usually requires the installation of an ignition interlock device on an individual’s car for two years. There is no alternative in South Carolina for second-offense DUI that does not mandate an ignition interlock device.
Regaining a License Following an Acquittal
If acquitted of a DUI, an individual does not suffer a driver’s license suspension. However, they could still be found in violation of the state’s implied consent statute if they refused a breathalyzer. If they did not refuse a breathalyzer and were acquitted of the underlying DUI charge, they may request that their license be reinstated by contacting the South Carolina Department of Motor Vehicles.
A Lawyer Could Help Retain Your License Following a Second-Offense DUI
If you are unsure about the status of your driver’s license following a Charleston second-offense DUI charge, consider reaching out to an attorney. A lawyer could provide guidance and advice through every step of the criminal process, from arrest to post-conviction. Reach out today to learn how to preserve your rights and freedoms.