As criminal defense and DUI defense lawyers in Charleston, South Carolina, we have helped many drivers who lost their license because the Department of Motor Vehicles (DMV) declared them a habitual traffic offender under S.C. Code Section 56-1-1020. A habitual offender designation can be devastating. In most cases, it means no driver’s license for five years, and driving during that time without authorization is a felony.
The good news is that the law provides ways to challenge the designation and, in some cases, get back on the road early. Our Charleston criminal defense attorneys explain what makes a person a habitual offender in South Carolina, how long the suspension lasts, how a DUAC conviction counts, the ignition interlock option added in 2024, and how to get your license back. So what happens if you are declared a habitual offender in South Carolina, and can you ever drive again?
Quick Answer: In South Carolina, the DMV declares a driver a habitual offender under S.C. Code Section 56-1-1020 after three or more convictions for serious driving offenses, such as DUI, DUAC, reckless driving, or driving under suspension, or ten or more convictions for qualifying moving violations, committed within a three-year period. A habitual offender generally cannot be licensed for five years, and driving while the prohibition remains in effect is a felony.
Table of Contents
- What Is a Habitual Offender in South Carolina?
- Does DUAC Count Toward Habitual Offender Status?
- How Does the DMV Count Convictions Within Three Years?
- How Long Is a Habitual Offender Suspension in South Carolina?
- Can You Challenge a Habitual Offender Declaration?
- Can a Habitual Offender Get an Ignition Interlock License?
- When Can a Habitual Offender Get Their License Back Early?
- What Happens If You Drive While Declared a Habitual Offender?
- How Can a Charleston Habitual Offender Lawyer Help?
What Is a Habitual Offender in South Carolina?
Under S.C. Code Section 56-1-1020, a habitual offender is a driver who has accumulated a certain number of convictions for separate and distinct offenses committed within a three-year period. There are two ways to reach habitual offender status:
| Path to Habitual Offender Status | Number of Convictions | Qualifying Offenses |
|---|---|---|
| Serious offenses | Three or more within three years | DUI, DUAC, reckless driving, driving under suspension or revocation (except a suspension for failure to file proof of financial responsibility), voluntary or involuntary manslaughter or reckless homicide resulting from operating a motor vehicle, a felony under the motor vehicle laws or involving the use of a motor vehicle, and failing to stop and report identity after an accident involving injury or death |
| Moving violations | Ten or more within three years | Moving violations that must be reported to the DMV and carry four or more points, such as speeding more than ten miles per hour over the limit, as well as any of the serious offenses above |
To see how many points each moving violation carries, read our article on how the driving points system works in South Carolina.
Being declared a habitual offender is not itself a criminal conviction. It is a DMV action that prohibits you from being licensed to drive, subject to the statutory exceptions discussed below. However, as explained below, driving while the prohibition remains in effect is a felony. Reckless driving is one of the offenses that counts, which matters when considering a plea to reckless driving in a DUI case. For more on that choice, see our article on DUI versus reckless driving in South Carolina.
Does DUAC Count Toward Habitual Offender Status?
Yes. Section 56-1-1020 lists “operating or attempting to operate a motor vehicle while under the influence” as a qualifying offense, but it does not expressly list Driving With an Unlawful Alcohol Concentration (DUAC). In South Carolina Department of Motor Vehicles v. Blackwell, 389 S.C. 293, 698 S.E.2d 770 (2010), the South Carolina Supreme Court held that a DUAC conviction under Section 56-5-2933 still counts toward habitual offender status.
The Court reasoned that DUAC requires proof of an alcohol concentration of 0.08 percent or more, which supports an inference that the driver was “under the influence,” and that the habitual offender statute uses that broader phrase without requiring the level of material and appreciable impairment required for a DUI conviction. The Court also relied on the protective purpose of the habitual offender law.
Two justices dissented, reasoning that DUAC is a separate offense that the legislature did not include in the list. As a result, a DUAC conviction carries the same habitual offender consequences as a DUI conviction. For more on DUAC, see our article on whether you should plead guilty to DUAC in South Carolina.
How Does the DMV Count Convictions Within Three Years?
The way the DMV counts convictions can make the difference between a habitual offender declaration and a valid license. Under Section 56-1-1020:
- The three-year period is measured by the dates the offenses were committed, not the dates of conviction. A person who is later convicted is treated as convicted on the date of the offense.
- Multiple qualifying offenses committed within one day count as one offense.
- Convictions from federal courts, other states, and certain out-of-state local courts count if the offenses substantially conform to the listed South Carolina offenses.
Mistakes in counting or classifying offenses happen, so review your driving record carefully when you receive a habitual offender notice.
How Long Is a Habitual Offender Suspension in South Carolina?
Under Section 56-1-1090, the DMV may not issue a driver’s license to a habitual offender for five years from the date of the habitual offender determination, unless the period is reduced or the driver qualifies for an ignition interlock restricted license. The following table summarizes the key rules:
| Issue | What the Law Provides |
|---|---|
| Length of suspension | Five years from the DMV’s habitual offender determination, subject to statutory exceptions (Section 56-1-1090) |
| Early restoration | After two years, a driver who meets the statutory conditions may ask the DMV to restore driving privileges; if a reduction is denied, another request for reduction cannot be filed |
| Ignition interlock option | Since May 19, 2024, a driver whose habitual offender status resulted in part from an alcohol-related conviction may enroll in the Ignition Interlock Device Program and obtain a license with an ignition interlock restriction instead of serving the remaining prohibition, subject to statutory requirements |
| Driving while a habitual offender | Driving while the DMV’s prohibition remains in effect is a felony punishable by up to five years in prison (Section 56-1-1100) |
Can You Challenge a Habitual Offender Declaration?
Yes. The DMV gives notice of the habitual offender determination, so keep your address current with the DMV, as South Carolina law requires you to update it within ten days of a permanent move. You can challenge the determination by requesting a contested case hearing with the Office of Motor Vehicle Hearings, following the procedures and deadline stated in the notice and applicable hearing rules.
At the hearing, you may challenge issues such as whether the DMV miscounted qualifying convictions, whether the offenses occurred within the three-year period, whether offenses committed on the same day were counted separately, and whether a conviction was properly classified as a qualifying offense.
Can a Habitual Offender Get an Ignition Interlock License?
In some cases, yes. For many years, habitual offenders generally could not drive legally during the five-year suspension unless they obtained early restoration, and they could not obtain a route-restricted license. That changed with Act No. 55 (S.36), which took effect on May 19, 2024. Under the amended Section 56-1-1090(A), if at least one of the convictions that made the person a habitual offender was alcohol related, the person may enroll in the South Carolina ignition interlock device program and obtain a license with an ignition interlock restriction instead of serving the rest of the prohibition.
This option is not a general hardship license. The device must remain installed for the time left on the habitual offender prohibition, or for three months if less than three months remain; the person must meet other licensing and program requirements, and the same law excludes habitual offenders from the exemption that allows some people to drive an employer’s vehicle without an interlock device. For more on the 2024 changes, see our article on whether a DUI suspends your driver’s license in South Carolina.
When Can a Habitual Offender Get Their License Back Early?
After two years of the five-year suspension, a habitual offender may ask the DMV to restore their driving privileges early. The decision is discretionary, and the driver must meet the statutory conditions, which include:
- no previous habitual offender suspension in South Carolina or another state;
- no driving of a motor vehicle during the current suspension;
- no convictions or pending charges for alcohol or drug violations or for offenses listed in Section 56-1-1020 committed during the current suspension; and
- no other mandatory license suspension that has not yet ended.
The DMV must decide the request within 30 days after receiving it. If the DMV denies the request, the driver may request a contested case hearing before the Office of Motor Vehicle Hearings, which reviews the matter anew and may grant relief for good cause.
If the DMV denies a reduction, the driver cannot file another request for reduction, so it is important to present the evidence correctly and completely the first time. If the driver’s license is restored early and the driver later is convicted of an offense listed in Section 56-1-1020(a) that occurred during the original five-year suspension period, the DMV must suspend the license for the period by which the habitual offender suspension was reduced.
What Happens If You Drive While Declared a Habitual Offender?
Driving a motor vehicle in South Carolina while the DMV’s habitual offender prohibition is in effect is a felony under Section 56-1-1100, punishable by up to five years in prison. Because this is a felony, a conviction can have serious consequences beyond the sentence itself, including a permanent felony record. If you have been charged with driving while declared a habitual offender, speak with a lawyer as soon as possible. For information on how other driving offenses are punished, see our article on DUI penalties in South Carolina.
How Can a Charleston Habitual Offender Lawyer Help?
A habitual offender declaration can affect your job, your family, and your freedom. The attorneys at Futeral & Nelson have represented clients in Charleston, Berkeley, and Dorchester Counties since 2003. We can review your driving record for counting and classification errors, request a hearing to challenge the declaration, help you apply for early restoration or the ignition interlock program, and defend you against a charge of driving while declared a habitual offender. If a DUI is part of your record, our Charleston DUI defense lawyers can also help you avoid convictions that could lead to habitual offender status.
If you have been declared a habitual offender or charged with driving while a habitual offender in Charleston or anywhere in the Lowcountry, call us at 843-284-5500 or contact the attorneys at Futeral & Nelson, LLC today to discuss your case.
