What happens when you get a DUI in NC but reside in SC?

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What happens when you get a DUI in NC but reside in SC?

The DUI was in NC but have a first offense DUI in SC 6 years ago.

Asked on May 7, 2009 under Criminal Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

North and South Carolina have reciprocity in regard to this matter.  That means South Carloina will report the DIU to North Carolina.  NC will then treat the matter as though it happened in NC.

A DUI stays on your driving record for 7 years.  Since you already had one within this time period this DUI will be considered a 2nd offense.  As to what fines and penalties you can expect you can refer to the following:

North Carolina has a very complex statutory scheme for drunk driving penalties. The statute proscribes certain mitigating, aggravating, and grossly aggravating factors that the judge should weigh in determining the appropriate sanction. First time offenders start with Level Four Penalties and their punishment will go up or down based on the factors.

Mitigating Factorsinclude: only slight impairment (no higher than .09 BAC); driving was safe at the time of arrest, the drivers impairment notwithstanding; and a safe driving record.

Aggravating Factorsinclude: gross impairment (BAC greater than .16), dangerous or reckless driving at time of arrest, driving under revoked license, speeding while fleeing the police, driving more than 30 mph over the speed limit.

Grossly Aggravating Factors include: prior conviction for DWI in the last seven years, drivers impairment caused serious injury to another person, driver had a minor (under 16) in the car at the time of impairment, drivers license had been revoked for a prior DWI conviction.

Level One Penalty: Imposed if two or more grossly aggravating factors exist. Fine of up to $4,000 and imprisonment for no less than 30 days and no more than 24 months.

Level Two Penalty: Imposed if only one grossly aggravating factor exists. Fine of up to $2,000 and imprisonment for no less than 7 days and no more than 12 months.

Level Three Penalty: Fine of up to $1,000 and imprisonment for no less than 72 hours and no more than 6 months.

Level Four Penalty: Fine of up to $500 and imprisonment for no less than 48 hours and no more than 120 days.

Level Five Penalty: Fine of up to $200 and imprisonment for no less than 24 hours and no more than 60 days.


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