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 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. Talk to a DUI Defense attorney Does a DUI Suspend Your Drivers License in South Carolina? Third offense : $ 3,800-6,300 fine and a minimum of 60 days to 3 years in jail. 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 attorney listings on this site are paid attorney advertising. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Kent Collins Law Firm607 South Lake DriveLexington, SC 29072. Under South Carolina law, the penalty for involuntary manslaughter is up to five years' incarceration and a fine up to $25,000. the influence (DUI) of drugs or alcohol are at risk of facing harsher that involved a driver with a BAC of 0.08% or higher, making up 38% of Rhode IslandDUI/DWILaws, Fines & Penalties, South Carolina DUI Laws, Fines & Penalties, violation of South Carolinas zero tolerance law. DUI-Related Vehicular Homicide and Manslaughter. Our law defines great bodily injury as 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. So it may not take much for a DUI crash to result in a felony DUI charge. In brief, there are four statutory crimes: Driving under the influence causing impairment S. Car. In other states, the technical term for a DUAC would be a per se DUI. They are more likely to subpoena your credit card statement to look for charges made at bars or restaurants. 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. When the South Carolina Department of Motor Vehicles determines that an individual is a habitual offender, it must revoke or suspend that persons drivers license. 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. 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. running a stop light) 3) The negligent behavior caused the accident, resulting in death. Ultimately, it will be your decision whether to accept any plea offer or to take the case to trial. She has practiced in a wide variety of fields, including criminal defense, property law, immigration, employment law, and family law. 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. Or, fill out our online form to set up a free, no-strings-attached consultation. Even a first offense could lead to a license suspension of six months. First offense : $400 fine or a minimum of 48 hours to 30 days in jail. If youre facing the very serious charges and implications of a felony DUI resulting in death, you need to take action right away. However, a DUI can be charged as a felony in South Carolina if the driver causes great bodily injury or death to another 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. fatalities that involved a driver with a BAC between 0.01% and 0.07%, It can also be an injury that cases loss 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. Enter Your Zip Code to Connect with a Lawyer Serving Your Area, Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. another person. 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? 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. The Highway Patrol MAIT team will conduct their own investigation but, in many cases, it will be critical that the defense retain an independent accident re-constructionist to determine the circumstances and cause of the accident. James Lacy. 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. South Carolina Code of Laws 56-5-2945) defines great bodily injury as any bodily injury that either causes great . One of the most frequent questions we are asked by new DUI clients is whether a DUI charge is a felony or a misdemeanor. case or situation. The law says you cant refuse to give this sample, but if you become so obstructive that it is impossible to draw blood, then that resistance will come in at trial. In most situations, a DUI conviction will be a misdemeanor. In the case of death, the jail sentence is between one to 25 years and the fine is between $10,100 to $25,100. But, under South Carolina law a felony DUI defendant cannot refuse the breathalyzer or blood draw. South Carolina's DUI laws prohibit operating a vehicle with a blood alcohol concentration (BAC) of .08% or more or while under the influence of drugs (including prescription drugs) or alcohol. In addition, a driver who leaves the scene of an accident may also have his license suspended. In many cases, the defense will need to retain additional experts to provide consultation and testimony regarding the breath test, blood samples, medical records, field sobriety tests, or any other issue that could be disputed at trial. This article discusses the various DUI crimes in South Carolina. 2) The defendant acted negligently because of the alcohol or drugs (e.g. What Happens Now? The lawyer can determine whether any of the prior convictions will count to enhance the defendants sentence. If a person driving a vehicle is legally intoxicated and has a passenger who is younger than 16, he or she may be charged with child endangerment in addition to the DUI. The second element, as written, may allow individuals who are under the influence, but do nothing else wrong, to escape a serious felony DUI charge. 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. Therefore, a felony DUI differs from a DUI in both the proof of the offense and the penalties for a conviction. 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. How Do Police Officers Perform A Sobriety Test In South Carolina? John David Bowen, 76, was walking at the intersection of . the client is someone accused of DUI for the Get More! also important to note that repeat felony DUI offenders (or repeat offenders In the previous example, the impaired driver arguably would still not be charged with felony DUI because the other driver abruptly turned in front of an oncoming car and caused the accident. 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. If the individuals BAC was 0.16 percent or above, the period of incarceration increases to between three and seven years. Thus, it is essential to build a strong defense to the prosecutions claims. "great bodily injury" of another person, that individual will 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 . The third element contains two prongs: proximate causation and great bodily injury. What do these phrases mean? The law defines great bodily injury as an injury that causes one of the following: That charge can carry with it mandatory prison time of at least 30 days with the possibility of up to 15 years. If you wish to know more about felony DUI in South Carolina, contact our expert attorneys today. 949. Felony charges are very serious and should not be taken lightly. 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. For example, a driver while under the influence who kills a driver who suddenly turns in front of him will probably not be charged with a felony DUI charge. Anyone convicted of a felony DUI is likely to spend significant time in jail. The person was under the influence of alcohol, drugs, or a combination. under unsafe conditions. Mandatory imprisonment ranging from 1 year to 25 years in state or federal prison. data released by the National Highway Traffic Safety Administration (NHTSA) The potential punishment when a person is convicted of felony DUI. You will be charged with a felony DUI if you've caused "great bodily injury" or death to a person other than yourself. Is it Possible for Me to Apply for a DUI Expungement in South Carolina? 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. If the kid is seriously wounded or killed, the conviction will then become a criminal. An individual with a history of DUI cases and at risk of a new DUI conviction should consult a defense lawyer. Call us today for dedicated legal assistance! 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. This information is not intended to create, and receipt 26.3. 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. 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 . People who have questions about these issues should consult with an attorney. Best Strategies To Beat A DUI Arrest In Spartanburg, The driver committed one or more traffic violations, and, The drivers actions were the direct cause of anothers permanent bodily harm or death. In contrast to DUI, if a person is guilty of causing substantial bodily harm or death to a victim, the penalty for felony DUI is increased. There are a number of administrative penalties that may be assigned to someone who has been convicted of a felony DUI. 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. If the individuals BAC was between 0.10 and 0.159 percent, the period of incarceration increases to between two and six years. There are additional costs for assessments and surcharges beyond the fine. 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. One of South Carolina's most powerful families is withholding financial records and refusing to settle a civil case tied to a fatal Beaufort County boat crash . National. Drivers convicted of felony DUI can face the penalties listed below. The other driver was at fault. What Is Considered Public Disorderly Conduct in SC? Contact a South Carolina Criminal Defense Attorney Today The defendants negligence was the proximate cause of great bodily injury or death to another person. They must keep an ignition interlock device in their car for three years for felony DUI with great bodily injury or five years for felony DUI where death results. Law enforcement, prosecutors, and judges take felony DUI charges seriously law enforcement will ordinarily conduct a more thorough investigation, felony DUI prosecutors are less likely to make a reasonable plea offer, and judges are more likely to give substantial prison time after a plea or conviction at trial. In addition to criminal court penalties, you will face the following penalties with the South Carolina DMV: 1st offense: Driver's license suspension for 3 months. for an alleged DUI offense, the first thing you should do is immediately Call (843) 232-0944 today. And those are just the criminal consequences, because a DUI record will also result in higher . *, License Reinstatement After DUI in South Carolina, 6 Most Common DUI Myths in South Carolina. The transmission and receipt of information contained on the website do not form or constitute an attorney-client relationship. SC Code 56-5-6190 says that It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this State declared to be a felony., SCs DUI statutes, found in SC Code 56-5-2930, do not specify whether a conviction is a felony offense or a misdemeanor offense, and DUI 1st, 2nd, 3rd, 4th, or subsequent offenses are misdemeanor offenses because they are not declared to be a felony in Chapter 5 or by any other law of this State.. As you can see, judges have little sentencing discretion in felony DUI cases. If a person has pleaded guilty or been charged and convicted of felony DUI, the judge must determine the required penalty. If you are convicted of causing great bodily injury or death while driving under the influence (felony DUI), you face: A mandatory fine of $5,100 to $10,100 ($21,119.50 with assessments and surcharges) and imprisonment from 30 days to 15 years when great bodily injury occurs. 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. 1 Getting a DUI can also result in negative consequences for your relationships, job, social life, finances, and mental health. The DUIs involving great bodily injuries or deaths are felonies. Sandra Jones is a repeat offender who was convicted of a DUI a year earlier. DUI Defense Lawyer J. Taylor Bell Recognized in Best of Columbia 2018 Awards. Further, when a defendant has a history of DUIs and DUACs, a DUAC will count as a DUI to enhance a sentence. against you. a strong legal professional involved can greatly increase a defendant's Finally, a lack of knowledge of impairment could be a valid defense in your case. A driver can also be charged with felony DUI if his or her impaired driving In fact, on average over the 10-year period from 2011-2020, about 10,500 people died every year in drunk-driving crashes. In 2020, there were 11,654 people killed in these preventable crashes. 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. 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; One lastcaveat: the local prosecutor can elect to charge someone with either felony DUI or , in the alternative, involuntary manslaughter or even reckless homicide. The 15th . Under 21 Alcohol-Impaired Driving Fatalities. It is a violation of South Carolinas zero tolerance law for an individual under the age of 21 to drive with a BAC of 0.02 percent or above. Giving a breath sample has its advantages because we may be able to show errors in the testing process or problems with the machine. NOTICE ! or impairment of a function of any body part of a victim. The list goes on. It also indicates that this offense, when resulting in death, is punishable by a mandatory fine of $10,100 to $25, 100 and at least one year in jail, not to exceed 25 years. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. Motor Vehicle Accidents. Contact Coastal Law to discuss your situation. is not a lesser-included offense of felony DUI causing death, but is a distinct offense requiring proof of different elements." In other words, "[s]pecifically, reckless homicide," . For every fine that is paid as part of a felony DUI sentence, According to South Carolina case law, the consumption of alcohol doesnt have to be the main or primary cause of injury or death, so long as it contributed to the accident. SC Code 56-5-2945. But court appearances, fines, and fees are likely. Felony DUI. 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. $100 will be reserved for use by the Department of Public Safety for the What Happens if I Get a DUI on Federal Property in South Carolina? When the individual successfully completes the program, the judge may dismiss the case or terminate the sentence so the defendant will not serve jail time. An individual charged with a felony DUI may be eligible to complete DUI Treatment Court, according to the Fifth Judicial Circuit Solicitor's Office. A second defense option is that although you were intoxicated, this did not cause the accident. Call Today | Free Consultation. Proximate causationbasically means legal causation, not factual causation, that will be recognized for a certain purpose. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems. In early September of this year, a 23-year-old woman was driving eastbound on Interstate 26 near Lexington, South Carolina. The Jeffcoat Firm Announces that Attorney J. Taylor Bell has Joined the Firm. Felony DUI with Great Bodily Injury This scenario would certainly qualify for a felony DUI. Were licensed in South Carolina. He was charged with felony DUI but pled to reckless homicide instead. 2020 Robert J. Reeves P.C. Nevertheless, if alcohol and/or drugs play any role, this first element is satisfied for a felony DUI. This is a sensitive matter, and you should avoid giving any statements without speaking to an experienced DUI attorney in South Carolina. South Carolina Criminal Defense Attorney | Over 25 Years Experience. 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. Even if you are not truly impaired under DUI standards, you can be charged with a felony DUI if you have an accident with another vehicle and cause serious injury or death. (843) 232-0944. . For suspension purposes of this section, convictions arising out of a single incident shall run concurrently. Further, a drunk driving conviction is a permanent part of someones criminal record, which can create problems when it comes to finding suitable housing and employment. person's life. When the following proof exists, a DUI becomes a felony DUI in South Carolina: To sum up, a person will be charged with felony DUI in South Carolina if an officer determines that the person was driving a motor vehicle in South Carolina while under the influence of alcohol or narcotics, violating a traffic code, and his driving and negligence is the principal cause of severe bodily harm or death to another person. In every felony DUI case, we also have to deal with the victim or the victims family who often want justice. Also, the DMV must suspend the convicted person's driver's license for the term of imprisonment plus three years. 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. 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%. Anyone who is facing a DUI charge should take building a defense seriously. Penalties for Felony DUI with Great Bodily Injury Felony DUI in South Carolina is when a person who is impaired by alcohol or drugs causes death or serious injury to another motorist or a passenger in their own vehicle. The person is charged with a felony if their injuries cause significant bodily harm; for example, if their injuries cause a substantial risk of death, they may . Download Our Free Book on South Carolinas DUI Laws. They will subpoena bank records or credit card statements to determine how much money the defendant spent at bars, they will actively seek witnesses who can testify as to the defendants condition before or while driving, and they will subpoena the defendants medical records. If an individual is accused of committing a DUI offense that led to the A fine of between $5,100 and $10,100 may also be assessed. Penalties for Felony DUI. Or, in single vehicle accident cases, you can face prison time if your passenger is seriously hurt or dies. Class D Felony: Under class D South Carolina felonies, the felon will be fined about $100,000 or 15 years of imprisonment or both. Many people will have to obtain a SR-22 insurance certificate when they want to have their licenses reinstated. risk of death, or that causes "serious, permanent disfigurement" 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. The persons license is suspended upon conviction, but, upon release from prison, the person may get an ignition interlock restricted license.. His BAC was 0.12, which a male can reach on just 3 or 4 beers in some cases. 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 consequences of athird DUI convictioninclude as much as three years in prison as well as fines for up to $12,000 when the drivers blood alcohol content is less than 0.10. You may be able to call into question the validity of any blood or breath alcohol test results, and you may argue that distraction, or another factor contributed to the negligence. 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. Read More: South Carolina DUI Laws, Fines & Penalties. Concurrently implies that both sentences are delivered simultaneously or are deemed to be delivered at the same time. by Futeral & Nelson, LLC | DUI Attorney, DUI Defense in Charleston, South Carolina. In South Carolina, there were 315 fatalities in 2011 Not to mention, law enforcement and prosecutors often times receive pressure from the victims and or their families. In most states, including South Carolina, the offense of driving under the influence (DUI) is a misdemeanor. Three things must be proven for a felony conviction of DUI resulting in death: 1) The defendant was under the influence of alcohol or drugs. 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 second or third time. 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 State of South Carolina will charge a third time DUI offense as a felony. By: Jessica Zimmer. or above the legal limit of 0.08%. Can You Get a DUI for Prescription Drugs?