As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. 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. The South Carolina Court of Appeals then quoted at length from the recent case of State v. Lewis, S.C. , 467 S.E.2d 265 (Ct. App. If the individuals BAC was 0.16 percent or above, the period of incarceration increases to between three and seven years. . What happens when you get a DUI (an arrest and conviction for drunk driving) depends on what state you live in. This scenario would certainly qualify for a felony DUI. For example, in one of our felony DUI cases, the officer failed to give our client his Miranda warnings after our client was arrested. The penalties for felony DUI differ depending on the number of DUIs the defendant has committed and the reason they were charged. Felony DUI in SC doesnt exactly mean a DUI that is a felony. Felony DUI refers to a specific offense that is referred to as felony DUI, but the elements that must be proven at trial are different from the elements of DUI or DUAC. Nov 1, 2017 | Criminal Defense, DUI | 0 comments. The fine increases to between $7,500 and $10,000. In fact, on average over the 10-year period from 2011-2020, about 10,500 people died every year in drunk-driving crashes. In a case of great bodily injury, the defendant could face a mandatory fine of $5,100-$10,100 and imprisonment for 30 days to 15 years, as well as ignition interlock device (IID) use for 3 years. So if you are sitting at a stoplight within your lane, and a person slams into the back of you and gets seriously hurt, this may not result in a felony DUI conviction, although you could be charged with a simple DUI. But, under South Carolina law a felony DUI defendant cannot refuse the breathalyzer or blood draw. 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. We know this area of DUI law is important to you. first time or someone accused for a South Carolina Criminal Defense Attorney | Over 25 Years Experience. Under South Carolina statute (56-5-2945), felony DUI is causing great bodily injury or death while operating a motor vehicle under the influence of alcohol, drugs or both. Traffic offenses occur when motorists violate ordinances or state laws relating to the movement and control of traffic. What Are The Consequences Of Driving Under The Influence In South Carolina? The elements of felony DUI that the state must prove are: The defendant was under the influence of alcohol or drugs; While under the influence, they drive a motor vehicle; After release from prison, ignition interlock device (IID) requirements (three years if great bodily injury and five years if death), and. These are complex cases and it is critical that a felony DUI defendant retain experienced DUI defense counsel as soon as possible after the accident even if the arrest has not yet happened. People who have questions about these issues should consult with an attorney. In 2011, there were 9,878 deaths nationwide 1996) which had traced the . What we can promise is that we will fight the case early on from any angle we can. A 52-year-old man in South Carolina is facing felony DUI charges as a result of a fatal car crash that happened in Seneca on . Copyright 2023 Futeral & Nelson, LLCAll Rights Reserved Felony DUI with Great Bodily Injury That charge will automatically become a felony if the child is seriously injured or killed. An administrative suspension for an underage driver for driving with a BAC between 0.02 and 0.079 percent does not count as a prior DUI. You may be in one of the most difficult places of your life as you face felony DUI charges resulting in death in South Carolina, but things can get much brighter with the right legal representation. 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? the client is someone accused of DUI for the FACING A DUI? South Carolina automatically categorizes a person's third DUI offense as a felony. In the case of death, the jail sentence is between one to 25 years and the fine is between $10,100 to $25,100. The penalties for a DUAC are roughly the same as for a DUI. In most states, repeated DUI offensestypically, beyond a secondare charged as felonies. South Carolina drunk driving charges are a serious matter. According to South Carolina law, an intoxicated driver who causes serious bodily harm or the death of another person has committed a crime. Were licensed in South Carolina. As with any criminal charge, a person charged with driving while intoxicated (DWI) (also called "driving under the influence" (DUI)) is presumed innocent until proven guilty. The role of the prosecution in a South Carolina felony DUI case is to prove guilt beyond reasonable doubt. Total Alcohol-Impaired Driving Fatalities. A DUI is defined as driving under the influence of alcohol with a blood alcohol concentration (BAC) of 0.08 percent or above according to the South Carolina Department of Public Safety's SC Laws Relative to Impaired Driving. 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. Apr 18, 2013 | DUI & DWI, Felony DUI, Uncategorized. by kentcollinslaw | Apr 1, 2022 | Criminal Offenses. that no portion of this sentence can be replaced with probation. She has not been formally convicted, though she will likely face penalties on a civil and criminal level. A conviction for felony DUI resulting in great bodily injury carries a fine of up to ten thousand one hundred dollars, a mandatory minimum sentence of 30 days in jail, and up to 15 years in prison. Legal Beagle: What Will My Probation Officer Do If I Fail an Alcohol Test? Call Today | Free . DUI Fatality Rate In Greenville Explained, *Files are primarily handled in our Greenville office. The separate offense of felony DUI, however, specifically makes a conviction a felony offense because the statute says it is a felony. For example, as the South Carolina Department of Motor Vehicles notes, anyone who has a second offense DUI will face an indefinite license suspension period. Do Not Sell or Share My Personal Information, DUIs involving great bodily injuries or deaths, Do Not Sell or Share My Personal Information. The transmission and receipt of information contained on the website do not form or constitute an attorney-client relationship. Typically, felony hit and run occurs when a driver leaves the scene of an accident in which a driver or pedestrian has been injured. Is it Possible for Me to Apply for a DUI Expungement in South Carolina? In most situations, a DUI conviction will be a misdemeanor. 949. Read More: What Will My Probation Officer Do If I Fail an Alcohol Test? 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. The cases are usually complex and they receive coverage from local media. For a DUI case, the prosecution must prove that a person drove while under the influence of alcohol, drugs, or both, to the extent that the persons faculties to drive a motor vehicle are materially and appreciably impaired. For a felony DUI, the prosecution must prove: (1) a person was driving under the influence of alcohol, drugs, or both; (2) while driving the person did any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle; and (3) the act or neglect caused great bodily injury or death to a person other than the driver. Felony 30 days - 10 years jail time and$5,000 to $10,000 fine Death Felony 1-25 years jail time and$10,000 to $25,000 fine Can Cause You to Lose Your Driving Privileges Keep in mind that leaving the scene of an accident can also result in the immediate suspension of your driving privileges. Your browser is out of date. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Kent Collins Law Firm607 South Lake DriveLexington, SC 29072. The person who is convicted of this crime must also surrender their license for five years beyond their period of incarceration. DUIs involving great bodily injuries or deaths are felonies. **Please be aware that any result achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients. Even a first offense could lead to a license suspension of six months. Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities. 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). or viewing does not constitute, an attorney-client relationship. And those are just the criminal consequences, because a DUI record will also result in higher . 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 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. These penalties may be enhanced for higher blood alcohol content levels. For those individuals who want to read the actual statute for themselves, it is reproduced below, in relevant part: SECTION 56-5-2945. 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. Motor Vehicle Accidents. How Can a DUI in South Carolina, Affect Your Job Prospects, DUI CONVICTION AND PENALTIES IN SOUTH CAROLINA. The defendant is not charged with proving their own innocence, but with defending themselves against the prosecutions attempts to prove guilt. If you seriously injure or kill someone, that suspension will last for years after you are released from incarceration. What Should I Do If My Rideshare Driver Is Drunk? Below are links to hit and run state laws. A third-time DUI offender in South Carolina may receive a fine of $3,800 to $6,300, a 60-day minimum jail sentence, and a maximum jail sentence of up to three years. 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. Call (843) 232-0944 today. A felony DUI conviction for causing great bodily injury includes a mandatory minimum of 30 days to a maximum of 15 years imprisonment, plus a mandatory fine of at least $5,000, not to exceed $10,100. A felony is a crime that, if an individual is convicted, is punishable by a prison sentence of over one year. Anyone convicted of a felony DUI is likely to spend significant time in jail. The Police Caught Me With Marijuana in Columbia, South Carolina. The state will also charge an individual with felony DUI if the offense is the individual's third or subsequent DUI within 10 years. If your BAC is over the legal amount, you will receive points on your record, and your license will be terminated or withheld if you are convicted of a felony DUI in South Carolina. another person. Call us today for dedicated legal assistance! These driving-related offenses can be classified as infractions (also called "violations"), misdemeanors, and felonies. Why? 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. Penalties for a fourth or subsequent DUI include one year to five years of incarceration, completion of a state substance abuse treatment program, permanent drivers license revocation and permanent (lifetime) IID installation. Underage Drinking and Driving in South Carolina Zero Tolerance Law. These The information on this website is for general information purposes only. 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. A judge will rule that the sentences for several counts of conviction may run simultaneously or consecutively while imposing penalties. that involved a driver whose blood alcohol concentration (BAC) was at 803-746-4302. The persons license is suspended upon conviction, but, upon release from prison, the person may get an ignition interlock restricted license.. In a felony DUI case, the prosecution must prove that: South Carolinas felony DUI law states that great bodily injury means bodily injury which 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..