It is How to Get a DUI Removed From Your Driving Record, South Carolina Department of Public Safety: SC Laws Relative to Impaired Driving, South Carolina Code of Laws: Title 56, Motor Vehicles, Chapter 5, Uniform Act Regulating Traffic on Highways, South Carolina Department of Public Safety: Alcohol and Impaired Driving, South Carolina Code of Laws: Title 56, Motor Vehicles, Chapter 1, Driver's License, Fifth Judicial Circuit Solicitor's Office: DUI Treatment Court Program, South Carolina Code of Laws: Title 16, Crimes and Offenses, Chapter 1, Felonies and Misdemeanors, Accessories, Legal Beagle: South Carolina DUI Laws, Fines & Penalties, Legal Beagle: The Pros & Cons of a Standard DUI. South Carolina DUI & DWI Laws & Enforcement | DMV.ORG FACING A DUI? 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. This site does not incorporate any materials appearing in such linked sites by reference, and THE BATEMAN LAW FIRM does not necessarily sponsor, endorse or otherwise approve of such linked materials. Felony DUIs carry mandatory sentences, and having a felony conviction on your record can negatively impact virtually all aspects of your life. DUIs involving great bodily injuries or deaths are felonies. There are a number of administrative penalties that may be assigned to someone who has been convicted of a felony DUI. 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. 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. Three of the felony charges are DUI resulting in death. representation through each step of the criminal justice process. 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. 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. Our site doesnt create an attorney-client relationship and it isnt intended for detailed legal advice. There are several factors that can cause a drunk driving incident in South Carolina to become a felony, and those are the following: South Carolina law states that when adrunk drivercauses the death or great bodily injury of another person, he or she has committed a felony. 10) running a stop light). Mandatory imprisonment ranging from 1 year to 25 years in state or federal prison. The act or neglect caused great bodily injury or death to another person. In percentage based cases, fees are calculated prior to deducting costs. It claims roughly 10,000 lives per year. The penalties for a fourth or subsequent DUI conviction generally depend on the driver's BAC. Fifth Judicial Circuit Solicitor's Office. But, if a case involves certain aggravating factors, a DUI can be charged as a felony. In some states, the information on this website may be considered a lawyer referral service. The man was hit by a 22-year-old woman who was drunk at the time of the collision, the Columbia Police Department said in a news release. chances of avoiding conviction. This period of incarceration shall not include any portion of a suspended sentence such as probation, parole, supervised furlough, or community supervision. The potential punishment when a person is convicted of felony DUI. One lastcaveat: the local prosecutor can elect to charge someone with either felony DUI or , in the alternative, involuntary manslaughter or even reckless homicide. 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. | ATierOne Website Services, SC Association of Criminal Defense Lawyers, Operated a vehicle under the influence of drugs or alcohol or both, and, Did something else against the law, whether traffic law or duties imposed by the court, for example, failed to maintain lane or acted negligently, and. **Clients may be responsible for costs in addition to attorneys fees. Technically yes, but then the police will take you to the hospital and have your blood drawn. 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. In South Carolina, felony DUI is the bodily injury or the death of another person. | Privacy Policy, 3 Factors That Can Lead To A Felony DUI In South Carolina. When a person drives a motor vehicle while under the influence and causes someone's death through negligence, the potential penalties include: A mandatory fine of not less than $10,100.00 nor more than $25,100.00 and Mandatory imprisonment for not less than 1 year nor more than 25 years. Leaving the Scene of an Accident/Hit and Run: State Laws For example. South Carolina Criminal Defense Attorney | Over 25 Years Experience. If the kid is seriously wounded or killed, the conviction will then become a criminal. If the victim was a child under the age of 16, the maximum sentence is life in prison. Rhode IslandDUI/DWILaws, Fines & Penalties, South Carolina DUI Laws, Fines & Penalties, violation of South Carolinas zero tolerance law. Code, 56-5-2945. The extent of injuries to a victim can influence the seriousness of the crime. DUI-Related Vehicular Homicide and Manslaughter. Therefore, a felony DUI differs from a DUI in both the proof of the offense and the penalties for a conviction. The penalties for a DUAC are roughly the same as for a DUI. An organ or a body part is lost or impaired. What Should I Know About Facing A Felony Charge? For every fine that is paid as part of a felony DUI sentence, We serve areas in South Carolina (SC), including the following areas: Lexington, Columbia, Richland, Kershaw, Edgefield, Saluda, Orangeburg, Calhoun, Newberry, Laurens, Greenwood and Aiken. 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. Felony DUI In South Carolina: Key Facts To Know | Bateman Plea Deal in Felony DUI Case for South Beach "Party Princess" The longer you wait, the 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. Further, when a defendant has a history of DUIs and DUACs, a DUAC will count as a DUI to enhance a sentence. SPARTANBURG, S.C. (FOX Carolina) - The 7th Circuit Solicitors Office announced that a Spartanburg man recently pleaded guilty to a 2020 DUI crash that . Do Not Sell or Share My Personal Information, DUIs involving great bodily injuries or deaths, Do Not Sell or Share My Personal Information. **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. The widely-publicized arrest of Henry . 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. The mans blood alcohol content (BAC) was 0.13 which is in the middle of 3 tiers of intoxication under our law. Felony DUI. another person. The penalties for conviction of a felony DUI depend on whether there was a great bodily injury or a death. A habitual traffic offender is an individual who has accumulated three qualifying driving-related offenses within a three-year period. Does a DUI Suspend Your Drivers License in South Carolina? Both must be proven to convict. What happens when you get a DUI (an arrest and conviction for drunk driving) depends on what state you live in. 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. Felony Traffic Offenses | Serious Traffic Offenses | LegalMatch When is DUI a Felony in South Carolina? | The Law Offices of Marion M 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. (843) 232-0944. . 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. Examples of crimes that come under class D felony are felony drunk . You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems. Beyond that, the consequences the at-fault party faces are much greater in a . The court is not allowed to suspend any part of a mandatory sentence, meaning Based on this failure, our client was offered a plea to reckless driving. Class D Felony: Under class D South Carolina felonies, the felon will be fined about $100,000 or 15 years of imprisonment or both. What is the Difference Between a Felony and a Misdemeanor? James Lacy. 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. 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. After release from prison, ignition interlock device (IID) requirements (three years if great bodily injury and five years if death), and. 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. Felony DUI in South Carolina - Kent Collins Law 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. What Happens When You Get a DUI - Verywell Mind All Rights Reserved. Reckless Vehicular Homicide Penalties Reckless vehicular homicide is a felony in South Carolina. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. Nevertheless, if alcohol and/or drugs play any role, this first element is satisfied for a felony DUI. These penalties may be enhanced for higher blood alcohol content levels. Such materials are for informational purposes only and may not reflect the most current legal developments. 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. 2016 South Carolina Code of Laws :: Title 56 - Motor Vehicles 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. 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. 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. SC Code 56-5-2945 contains the elements of the offense of felony DUI in SC. Once a person has finished their jail sentence, the persons drivers license is suspended for 3 years (if great bodily injury) or 5 years (if death). In the case of death, the jail sentence is between one to 25 years and the fine is between $10,100 to $25,100. 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. 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. 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. In fact, on average over the 10-year period from 2011-2020, about 10,500 people died every year in drunk-driving crashes. National. What Are the Penalties for Driving with a Suspended License in South Carolina? 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. A fourth or subsequent DUAC is a Class F felony, according to SC Code of Laws 16:1. The driver of a vehicle involved in a crash that took the lives of a South Carolina State University student and a recent graduate of the school is now facing multiple charges, including DUI. also important to note that repeat felony DUI offenders (or repeat offenders second or third time. Duncan Smith is a first time offender with a clean record. In addition, a driver who leaves the scene of an accident may also have his license suspended. 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. Felony DUI causing death Five years (after release from prison) As you can probably tell, if you commit felony DUI, you are going to lose your license while incarcerated. 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. Minimum $10,000 and maximum $25,000 mandatory fine. The separate offense of felony DUI, however, specifically makes a conviction a felony offense because the statute says it is a felony. The list goes on. 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. DUIs are serious business, especially when talking about a Felony DUI charge. 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. In percentage based cases, fees are calculated prior to deducting costs. 1 Getting a DUI can also result in negative consequences for your relationships, job, social life, finances, and mental health. Penalties for Felony DUI with Great Bodily Injury An individual charged with a felony DUI may be eligible to complete DUI Treatment Court, according to the Fifth Judicial Circuit Solicitor's Office. But first, lets explore whats involved when someone is charged with a felony DUI in SC. It is harder to fight a blood draw, but sometimes we can find a problem such as with the chain of custody. These jail requirements are mandatory and cannot be suspended or substituted for probation. While there are ways to fight felony DUI charges, avoiding unnecessary consequences requires a strategic defense. 2nd offense within 5 years: Driver's license suspension for 6 . 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. The Tyndall Effect How an Airbag Can Effect Your Breath Test in a DUI. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. What Happens Now? 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.