4th or Subsequent Offense for DUI

Felony Offense

Most DUI charges are classified as misdemeanors. However, there are particular circumstances where a drunk driving charge, even without causing an accident, will be elevated and classified as a felony.

A DUI, 4th or greater, is Felony Offense in South Carolina. Felony DUI cases are increasingly complex and the penalties and fines associated with a conviction are more severe.


If you are found guilty of Driving Under the Influence, 4th or Subsequent, you will be sentenced to a term of incarceration of at least one year and as many as five (5) years!

If the person’s alcohol concentration is at least ten one-hundredths (0.10) of one percent but less than sixteen one-hundredths (0.16) of one percent, then you may be sentenced to a period of incarceration of not less than two (2) years and up to six (6) years!

If the person’s alcohol concentration is sixteen one-hundredths (0.16) of one percent or greater, then the period of imprisonment must be a minimum of three (3) years and as many as seven (7) years!

Suspensions and Ignition Interlock Devices:

In addition to the criminal penalties associated with the conviction, your driver’s license will be suspended and you will be required to enroll in and complete ADSAP prior to renewing your driver’s license, if and when eligible.

The court may also require the installation of an ignition interlock device at your expense.

Child Endangerment:

There is also a possibility of being charged with Child Endangerment if you have a passenger in your vehicle under the age of sixteen (16) at the time that you are arrested for DUI.

Lastly, a conviction for Driving Under the Influence, 4th or Subsequent, will require that you register with the DNA database for felony offenders.

At the Law Offices of Peter David Brown, P.A., we routinely deal with individuals who have had multiple DUI convictions in their past. We are familiar with charges, penalties, and the proof required by the State to successfully prosecute these matters. Please do not hesitate to contact our office so that we may review your driving record and the facts surrounding your arrests before you make any decisions that may affect your future privileges to drive.  You may reach us by phone at 843-971-0099; by e-mail at peterdavidbrown.com; or by clicking here to contact us.





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