. If the injuries are less severe, the defendant can only be charged with the traditional offense of DUI and not felony DUI. SC Code 56-5-2945 contains the elements of the offense of felony DUI in SC. South Carolina automatically categorizes a person's third DUI offense as a felony. For a first, second, or third DUI, the driver will typically be facing misdemeanor charges. Just because you are charged with a . Felony DUIs carry mandatory sentences, and having a felony conviction on your record can negatively impact virtually all aspects of your life. What happens when you get a DUI (an arrest and conviction for drunk driving) depends on what state you live in. 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. According to the law, the offense carries a penalty of up to half the time spent in prison on a DUI charge, as well as a fine of up to half the actual fine for a DUI charge. What Happens if I Get a DUI on Federal Property in South Carolina? There is no current provision under the law to ever have a DUI expunged from your record. Police: Illegal Alien Killed 76-Year-old Philanthropist in Drunk Driving Crash. Drunk Driving. another person. 2) The defendant acted negligently because of the alcohol or drugs (e.g. of other types of DUI offenses) are required to have ignition interlock Consider speaking with a DUI attorney. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The man was found guilty of two felony DUI charges one resulting in death and another causing great bodily injury. The act or neglect caused great bodily injury or death to another person. Driver's license is suspended for the term of imprisonment plus five years following release. The State of South Carolina will charge a third time DUI offense as a felony. The court cannot suspend the sentence in either case, and probation is not an option. 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. How a particular traffic offense is classified generally depends on the jurisdiction, the offender's prior . The state will also charge an individual with felony DUI if the offense is the individuals third or subsequent DUI within 10 years. The role of the prosecution in a South Carolina felony DUI case is to prove guilt beyond reasonable doubt. Consequently, we will outline what the law provides and then show you the actual statute for your own review. Nelson was charged with second-degree vehicular homicide and a pedestrian crossing violation. A felony is a crime that, if an individual is convicted, is punishable by a prison sentence of over one year. 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. In 2020, there were 11,654 people killed in these preventable crashes. 1104 North Oak StreetMyrtle Beach, SC 29577Driving Directions, 1314 2nd AvenueConway, SC 29526Driving Directions, Designed by Elegant Themes | Powered by WordPress. 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. 2020 Robert J. Reeves P.C. 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. Mr. Jeffcoat strives to keep all his clients informed at all stages of their case. This requirement can last for anywhere DISCLAIMER: The materials on this website are made available by THE BATEMAN LAW FIRM for informational purposes only and are not legal advice. or impairment of a function of any body part of a victim. Fines anywhere from $5,100 to $10,100 Minimum of 30 days in jail Potential sentence of up to 15 years in prison If you're under the influence and get into an accident causing the death of another person, these penalties are doubled: Fines of up to $25,100 Minimum of 1 year in jail Up to 25 years in prison In brief, there are four statutory crimes: Driving under the influence causing impairment S. Car. A person will typically be charged with a felony DUI when their decision to drive under the influence leads to property damage or great bodily injury or death to a person other than the driver. Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities. We still fight the admission into evidence of the breath or blood sample, and we attack the field sobriety tests just as we would in a normal DUI. 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. While there are ways to fight felony DUI charges, avoiding unnecessary consequences requires a strategic defense. But, if a case involves certain aggravating factors, a DUI can be charged as a felony. When a person is killed or seriously injured in a car accident, it is a felony offense, the potential penalties are much harsher, and the prosecution is more likely to demand substantial prison time as a consequence. South Carolina considers involuntary manslaughter a Class F felony . Code, 56-5-2945. If the individual commits a third offense within 10 years of the first offense, the vehicle involved in the incident will be confiscated. South Carolina DUIs Involving Serious Injuries A DUI that involves great bodily injury will result in $5,100 to $10,100 in fines and 30 days to fifteen years in prison. South Carolina law states that when a drunk driver causes the death or great bodily injury of another person, he or she has committed a felony. 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. 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. With a BAC between 0.10 and 0.159 percent, the period of incarceration increases to between 90 days and four years, and the fine increases to between $5,000 and $7,500. Also, the DMV must suspend the convicted person's driver's license for the term of imprisonment plus three years. Call Today | Free Consultation. 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. When death occurs. Read More: How to Get a DUI Removed From Your Driving Record. Most of the same defenses that are available in misdemeanor DUI cases are also available in a felony DUI case. 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. One lastcaveat: the local prosecutor can elect to charge someone with either felony DUI or , in the alternative, involuntary manslaughter or even reckless homicide. Fact checked by. Because of this, you will need a felony DUI defense lawyer who has experience investigating, negotiating, and trying felony DUI cases to maximize your chances of getting your case dismissed, negotiating a reasonable plea offer, or winning your case at trial. The potential punishment when a person is convicted of felony DUI. Here are some of the circumstances that can result in felony DUI charges in South Carolina. Any result we achieve on a clients behalf doesnt necessarily mean similar results for other clients. These Reckless Vehicular Homicide Penalties Reckless vehicular homicide is a felony in South Carolina. representation through each step of the criminal justice process. An individual charged with a felony DUI may be eligible to complete DUI Treatment Court, according to the Fifth Judicial Circuit Solicitor's Office. In felony DUI cases, law enforcement investigators and prosecutors will put much more effort into obtaining evidence than they would in an ordinary DUI case. The 20-year old woman we described above had a bail of $250,000. Nothing on this site should be taken as legal advice for any individual These driving-related offenses can be classified as infractions (also called "violations"), misdemeanors, and felonies. 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. Caleb Andrew Kennedy, 17, from Roebuck, is charged. DUI Conviction for Refusal / BAC less than 0.10. penalties they can lead to and how defendants can take action to better Third offense : $ 3,800-6,300 fine and a minimum of 60 days to 3 years in jail. Under South Carolina law, "great bodily injury" is defined as an injury "which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the . In most states, including South Carolina, the offense of driving under the influence (DUI) is a misdemeanor. penalties than those who receive misdemeanor DUI charges. What is a Felony DUI under South Carolina law? 2023 William G. Yarborough Attorney at Law All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, 3 factors that can lead to a felony DUI in South Carolina, Loss or impairment of an organ or bodily member. Circuit Court Judge Michael. If the allegedly at-fault driver is convicted, the penalties are severe and the conviction will remain on the permanent criminal record of the defendant. First offense : $400 fine or a minimum of 48 hours to 30 days in jail. This means that housing and employment opportunities could be denied, as could educational opportunities and much more. below the legal limit. 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. One of the most frequent questions we are asked by new DUI clients is whether a DUI charge is a felony or a misdemeanor. 803-746-4302. Driving Under the Influence of Marijuana in South Carolina. For example. 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. Although impaired, the impairment was not the proximate cause of the crash. Contact the dedicated South Carolina DUI attorneys with the Michael Jeffcoat Firm today for a free consultation of your case, and to discuss the options that are open to you. The driver will face one to five years in prison for a BAC of less than .10%, two to six years for a BAC of at least .10% to .15%, and three to seven years for a BAC of more than .15%.