Felony DUI in South Carolina. A Serious Offense. Copyright 2023 Futeral & Nelson, LLCAll Rights Reserved In this article, we will go over the basics of felony DUI in SC, including: There are two types of felony DUI in SC felony DUI that results in someones death and felony DUI that results in great bodily injury to a person. The BAC or the Blood Alcohol Content cap in South Carolina is 0.08 % for drivers above the age of 21, and 0.02 % for those under the age of 21. ! The individual is not required to have engaged in impaired driving; they are presumed to have committed drunk driving based on the amount of alcohol in their system. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. In April 2013, an 85-year old man was sentenced in Charleston County to one year after he ran into a motorcycle and caused multiple pelvic fractures of the motorcycle driver. For felony DUI in South Carolina with great bodily harm, they must have an ignition interlock system on their vehicle for three years, and for felony DUI with death, they must keep it for five years. Felony charges are very serious and should not be taken lightly. All Rights Reserved. The three convictions must be separate and distinct offenses arising out of separate acts. Can You Get a DUI for Prescription Drugs? SPARTANBURG, S.C. (FOX Carolina) - The 7th Circuit Solicitors Office announced that a Spartanburg man recently pleaded guilty to a 2020 DUI crash that . 1996) which had traced the . She was released on a $100K bond and requirement to wear an alcohol monitor to track consumption. The persons license is suspended upon conviction, but, upon release from prison, the person may get an ignition interlock restricted license.. Felony DUI with great bodily injury carries a mandatory minimum sentence of 30 days up to 15 years in prison, and a mandatory fine of $5100 up to $10,100. In all states except New York, New Jersey, and Wisconsin, a first-time conviction for driving under the influence is a misdemeanor 1 and can result in jail time, significant fines, and the loss of driving privileges. The law states that the penalties for the charge includes imprisonment of up to half the time associated with the DUI charge and a fine of up to half the maximum fine associated with the DUI. The Tyndall Effect How an Airbag Can Effect Your Breath Test in a DUI. However, a conviction or plea will result in a permanent criminal record. Further, when a defendant has a history of DUIs and DUACs, a DUAC will count as a DUI to enhance a sentence. Drunk Driving. Is a DUI a Misdemeanor or a Felony in South Carolina? What Should I Know About Facing A Felony Charge? She has not been formally convicted, though she will likely face penalties on a civil and criminal level. Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities. It was to blame for 29% of motor vehicle fatalities in 2015, according to the latest data from the National Highway Traffic Safety Administration. The following is a story of two typical criminal defendants who have been charged with a DUI/DWI (driving under the influence of alcohol or drugs). Police: Illegal Alien Killed 76-Year-old Philanthropist in Drunk Driving Crash. Causing great bodily injury to another person while driving under the influence carries $5,100 to $10,000 and 30 days to 15 years in prison. The state of South Carolina will charge a driver with felony DUI when the individual causes great bodily injury or death while driving under the influence. Finally, a lack of knowledge of impairment could be a valid defense in your case. A DUI conviction will also lead to higher auto insurance premiums. Under South Carolina law, the penalty for involuntary manslaughter is up to five years' incarceration and a fine up to $25,000. Elements of a DUI Case in SC - South Carolina Criminal Lawyer The more we can challenge the prosecutions case, the better deal we may be able to bring to our client. Fourth offense : Minimum of 1 year to 5 years in jail. What Are the Penalties for Driving with a Suspended License in South Carolina? Do Not Sell or Share My Personal Information, DUIs involving great bodily injuries or deaths, Do Not Sell or Share My Personal Information. You will be charged with a felony DUI if you've caused "great bodily injury" or death to a person other than yourself. Mt. Pleasant Felony DUI Lawyer | Joe Good, Attorney at Law The mandatory minimum sentence cannot be reduced, suspended, or replaced with probation. One of the essential factors the law addresses when enacting criminal penalties is the severity of the offense. Felony DUI. DUIs involving great bodily injuries or deaths are felonies. Fortunately, a regular DUI charge is only a misdemeanor. In November 2013, a man was sentenced to 10 years, suspended on service of 3 years in jail and 5 years probation, after he killed a man on a moped. The person who is convicted of this crime must also surrender their license for five years beyond their period of incarceration. In early September of this year, a 23-year-old woman was driving eastbound on Interstate 26 near Lexington, South Carolina. Is A Dui A Felony In South Carolina If convicted of causing great bodily injury or death while driving under the influence (felony DUI), you will be fined $5,100 to $10,100, or face a sentence of up to ten years in prison, with assessments and surcharges added. Underage Drinking and Driving in South Carolina Zero Tolerance Law. The person was under the influence of alcohol, drugs, or a combination. Driving Under the Influence of Marijuana in South Carolina. Under 21 Alcohol-Impaired Driving Fatalities. Typically, felony hit and run occurs when a driver leaves the scene of an accident in which a driver or pedestrian has been injured. DUI Causing Great Bodily Injury : 30 days to 15 years of mandatory imprisonment Mandatory fine of $5,100 to $10,100 Driver's license suspension for period of imprisonment, plus three years DUI Causing Death 1 year to 25 years of mandatory imprisonment Mandatory fine of $10,100 to $25,100 Total Alcohol-Impaired Driving Fatalities. 2023 The Bateman Law Firm. For more information, please read our article on bond hearings in South Carolina. NOTICE ! But if a driver has three or more prior DUI convictions within the past ten years, the current offense (third or subsequent) will be a felony. If you seriously injure or kill someone, that suspension will last for years after you are released from incarceration. John David Bowen, 76, was walking at the intersection of . Penalties for causing great bodily injury as a result of impaired driving include 30 days to 15 years of incarceration, a fine of between $5,100 and $10,100 and completion of a state substance abuse treatment program. Caleb Andrew Kennedy, 17, from Roebuck, is charged. If the kid is seriously wounded or killed, the conviction will then become a criminal. Call (843) 232-0944 today. We know this area of DUI law is important to you. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. What Are the Levels of DUI Crimes in Greenville, South Carolina? The list goes on. Individuals who are receive felony charges for allegedly driving under If death resulted, there is a mandatory minimum sentence of one year up to 25 years in prison and a mandatory fine of $10,100 up to $25,100. Involuntary manslaughter in Idaho is a felony offense and applies negligent conduct in general as well as any recklessness, negligence, or carelessness while operating a deadly weapon that produces death. Is it Possible for Me to Apply for a DUI Expungement in South Carolina? For a first, second, or third DUI, the driver will typically be facing misdemeanor charges. Accident Resulting in Death to the Victim. No part of the minimum sentence for a DUI offender may be suspended. Both must be proven to convict. To convict a person of felony DUI, the prosecution must prove beyond any reasonable doubt that the defendant: Its not enough if the state proves the defendant was driving while intoxicated, or even that the defendant caused an accident while intoxicated. 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The third element contains two prongs: proximate causation and great bodily injury. What do these phrases mean? How Can a DUI in South Carolina, Affect Your Job Prospects, DUI CONVICTION AND PENALTIES IN SOUTH CAROLINA. 1 year to 25 years mandatory imprisonment, in state or federal prison, not local jail. fatalities that involved a driver with a BAC between 0.01% and 0.07%, What are the Penalties for a Felony DUI in South Carolina? The statute describes the great bodily injury as an injury that results in one or more of the following: This crime carries a mandatory minimum sentence of 30 days in jail and a maximum sentence of 15 years. The individual must have a history of alcohol or drug dependency, be at least 18 years of age and have committed a second or subsequent DUI or a felony DUI. If an individual has a BAC of at least 0.05 percent, but less than 0.08 percent, their BAC level may be considered together with other evidence to determine if they were driving under the influence. Even if the person injured was drinking with you and chose to be a passenger in your car, you can be charged with felony DUI. Call Today | Free . Clients may be responsible for costs in addition to attorneys fees. How a particular traffic offense is classified generally depends on the jurisdiction, the offender's prior . We have seen them as low as $50,000. It may be that the accident was caused by another driver, and this could allow for the felony DUI charges to be dropped or reduced. And it costs Americans more than $44 billion annually. There are additional costs for assessments and surcharges beyond the fine. A traffic felony may negatively impact a . **Clients may be responsible for costs in addition to attorneys fees. CONWAY, S.C. (WMBF) - A North Carolina man will spend more than two decades in prison after being convicted of a deadly DUI crash in Horry County. The defense will need to examine not only the defendants medical records but also any medical records of the alleged victims to determine whether the accident was, in fact, the cause of death or whether the victims injuries were severe enough to warrant a felony DUI charge. South Carolina Felonies | GovernmentRegistry.org Contact Coastal Law to discuss your situation. Links:National College for DUI Defense,SC Association of Criminal Defense Lawyers. What Is a Felony DUI in South Carolina? - Driving Laws Michael R. Jeffcoat is a criminal defense attorney in South Carolina with over 2 decades of experience, our aggressive criminal defense legal team can help you with misdemeanor and felony offenses. No prosecutor or judge wants to see themselves on the evening news if a defendant receives a sentence that is not harsh enough or if a defendant is released and kills someone else in another DUI crash. The information on this website is for general information purposes only. In addition to a criminal record, motorists charged with and convicted of driving under the influence (DUI) face up to a month in jail and nearly $1,000 in fines. Causing great bodily injury to another person while driving under the influence carries $5,100 to $10,000 and 30 days to 15 years in prison. In South Carolina, felonies are divided into six classes, A through F, according to SC Code of Laws 16:1. In August 2012, a 20-year old woman was sentenced to 8 years after killing a man on a motorcycle who was not wearing his helmet. What happens when you get a DUI (an arrest and conviction for drunk driving) depends on what state you live in. A DUI is a Felony DUI when there is evidence: Of physical harm to another person that results in: Great bodily injury, or Death, and That the driver violated one or more traffic offenses, and Duncan Smith is a first time offender with a clean record. Is a Dui in Sc a Felony or Misdemeanor in Sc The Serious Consequences Of DUI In South Carolina A mandatory charge of up to $25,100 and up to 25 years in jail for causing a death. retain a knowledgeable attorney you can trust. Understandably, given the intense negative media focus about the dangers of impaired driving, many assume a DUI arrest must be a felony, and they are potentially looking at prison time. After being incarcerated, the persons license is revoked, but he or she may be eligible for an ignition interlock limited license after being released from jail. Felony DUI with Death A conviction for felony DUI resulting in death carries a fine of up to twenty-five thousand one hundred dollars, a mandatory minimum sentence of one year in prison, and up to 25 years in prison. . If the individuals BAC was 0.16 percent or above, the period of incarceration increases to between three and seven years. Felony DUI in South Carolina - jeffmorrislawfirm.com While there are ways to fight felony DUI charges, avoiding unnecessary consequences requires a strategic defense. You may feel overwhelmed and out of hope, but the right criminal defense lawyer could make the difference. It is harder to fight a blood draw, but sometimes we can find a problem such as with the chain of custody. In every felony DUI case, we also have to deal with the victim or the victims family who often want justice. South Carolina man sentenced in fatal DUI crash A great bodily injury is defined as injury that creates a substantial risk of death or causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. A felony DUI is most serious, and you should retain experienced DUI defense counsel as quickly as possible after being charged. Up to 10 years in prison. Get More! DUI offenses where there was a fatality carry $10,100 to $25,100 and one to 25 years in prison. The defendant is not charged with proving their own innocence, but with defending themselves against the prosecutions attempts to prove guilt. For any Charleston DUI lawyer, defending a felony DUI is much more challenging, and the stakes are higher than defending a municipal or magistrate level DUI such as a DUI 1st. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. (A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to another Examples of Two Drunk Driving Cases - FindLaw Here are some examples: These are just a few examples of how drinking and driving can turn someones life upside down in a matter of seconds. If you wish to know more about felony DUI in South Carolina, contact our expert attorneys today. protect themselves against conviction. penalties than those who receive misdemeanor DUI charges. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. South Carolina's reckless vehicular homicide law applies if the victim dies within three years of the accident. Leaving the Scene of an Accident/Hit and Run: State Laws PENALTIES FOR A HIT AND RUN IN SC - William Hodge | Attorney Horizontal gaze nystagmus (HGN) testing is a widely used method for determining whether a person is under the influence of alcohol or certain types of Its always worthwhile to consider fighting a DUI If youve been involved in an accident or pulled over for any reason, it can be easy to raise the Police officers in South Carolina receive standardized training in DUI detection and field sobriety testing. Or, fill out our online form to set up a free, no-strings-attached consultation. For example, in one of our felony DUI cases, the officer failed to give our client his Miranda warnings after our client was arrested. If you are charged with a felony DUI in South Carolina, you can face: A mandatory charge of up to $10,100 and up to 15 years in jail for causing great bodily harm. And, given the political climate, no such law is envisioned as no politician wants to sponsor a bill that will be depicted as helping drunk drivers. So what makes one arrest a misdemeanor and another a felony? Because the impaired driver broke no other law and breached no other legal duty. For those individuals who want to read the actual statute for themselves, it is reproduced below, in relevant part: SECTION 56-5-2945. In the event that the hit and run accident resulted in the death of a victim, the liable party can be charged with a felony and receive a penalty of one year to 35 years imprisonment and a fine of $10,000 to $25,0000. Law Office of James R. Snell, Jr., LLC provides a more in-depth overview of felony DUI charges, the potential There were also 65 Illegal alien kills one, injures eight in South Carolina DUI crash The offender must be the owner of the vehicle or a resident of the household of the owner in order for a confiscation to take place. We provide representation in the following practice areas-local and state criminal law, dui defense, domestic violence, felony crimes, juvenile defense, drug charges, assault & battery, criminal sexual conduct, property crimes, white collar crimes and personal injury law. 2) The defendant acted negligently because of the alcohol or drugs (e.g. information, our Lexington DUI attorney can also offers aggressive legal Because these two extremes will cost a difference of $20,000 in bondsman fees, it is important to have your lawyer on board as soon as possible. If you have been charged with a felony DUI in the Myrtle Beach, Conway, Charleston, or Columbia areas, contact the South Carolina felony DUI defense attorneys at Coastal Law, LLC, today at (843) 488-5000 to find out how we can help. Felony charges usually Below, we will look at the types of DUIs in SC that are considered felony offenses and the elements of the two types of felony DUI. drivers license is suspended for the term of imprisonment plus five years. What Are South Carolinas Habitual Offender Laws? chances of avoiding conviction. The longer you wait, the DUI Attorney Kent Collins will investigate your charges, answer your questions, and do everything legally and ethically possible to get your case dismissed, win your case at trial, or find a resolution that is fair and reasonable. Most driving under the influence charges in SC are considered misdemeanor offenses, although a DUI fourth or subsequent with a blood alcohol content (BAC) of .15 or greater can carry as much as seven years in prison if convicted. Penalties for a third DUI arrest include 60 days to three years of incarceration; a fine of between $3,800 and $6,300; additional fines and surcharges; completion of a state substance abuse treatment program; two years' drivers license suspension; and three years' installation of an ignition interlock device (IID). What Happens if I Get a DUI on Federal Property in South Carolina? Unlawful driving by a habitual offender resulting in death is a Class C felony, punishable by not more than 20 years of incarceration. 2nd offense within 5 years: Driver's license suspension for 6 . Therefore, a felony DUI differs from a DUI in both the proof of the offense and the penalties for a conviction. Felony DUI with great bodily injury carries a mandatory minimum sentence of 30 days up to 15 years in prison, and a mandatory fine of $5100 up to $10,100. If you are the defendant in a case where there is proof that you were intoxicated at the time of an accident and that your negligence caused the accident, you may be confused by the process ahead of you and how to defend yourself and build a case. Great bodily injuryfor the purpose of felony DUI is an injury that creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. In serious automobile accidents, it is not unusual for someone to lose a body part or organ. Serious bodily injury or death changes everything as we will explain further below. One lastcaveat: the local prosecutor can elect to charge someone with either felony DUI or , in the alternative, involuntary manslaughter or even reckless homicide. Factors That Lead to a Felony DUI in South Carolina South Carolina DUI. What Are the Implications of a DUI in South Carolina? Mills was indicted of a felony DUI resulting in death charge in December. Also, the DMV must suspend the convicted person's driver's license for the term of imprisonment plus three years. If the individuals BAC was between 0.10 and 0.159 percent, the period of incarceration increases to between two and six years. There is good news, though. Legal Beagle: How to Know If a DUI Is on Your Record, Legal Beagle: How to Get a DUI Removed From Your Driving Record. Involuntary Manslaughter: Penalties and Sentencing In the case of repeated offenders of misdemeanors, imprisonment for felon will be extended for 2 years and for six years in the case of felony. *, License Reinstatement After DUI in South Carolina, 6 Most Common DUI Myths in South Carolina. Is a DUI a Felony in South Carolina? - McKinney, Tucker & Lemel LLC No Legal Advice Intended. Anyone convicted of a felony DUI is likely to spend significant time in jail. The term Driving With an Unlawful Alcohol Concentration refers to driving with a BAC of above 0.08 percent, according to SC Code of Laws 56:5. However, in a felony DUI case, we get into the medical records to try to show that drunk driving did not cause enough of an injury. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. The elements of a felony DUI that the prosecution must prove to get a conviction are different from the elements of an ordinary DUI or DUAC. State. Get Morris! South Carolina Criminal Defense Attorney | Over 25 Years Experience. To be convicted of a felony DUI charge in South Carolina, the prosecution must prove the following elements: The first element sounds very similar to a DUI, but unlike a misdemeanor DUI, the statute does not mention that the drugs or alcohol must also impair the ability of the driver to drive safely. 1 Getting a DUI can also result in negative consequences for your relationships, job, social life, finances, and mental health. When a driver charged with Felony DUI causes substantial bodily harm or death to more than one victim, the driver will be charged with a count of Felony DUI for each person injured or killed. How Do Police Officers Perform A Sobriety Test In South Carolina?