Get in touch with Kent by phone at 803-808-0905 or use this form to reach him online to schedule your in-person consultation. South Carolina DUI. Felony charges usually 10) What Should I Do If My Rideshare Driver Is Drunk? 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. 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. Are DUI & License Checkpoints Legal in South Carolina? Many of these cases make the local headlines, and we keep our eye on what the judges are doing at the sentencing phases of these types of cases. In South Carolina, felonies are divided into six classes, A through F, according to SC Code of Laws 16:1. A Felony DUI is common in South Carolina, The Morris Law Firm can help if a drunk driver caused your accident. 1996) which had traced the . 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. 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. If the individual commits a third offense within 10 years of the first offense, the vehicle involved in the incident will be confiscated. Mr. Jeffcoat strives to keep all his clients informed at all stages of their case. 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. DUI Fatality Rate In Greenville Explained, *Files are primarily handled in our Greenville office. 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. devices installed in their vehicles. 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. 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. A DUI conviction will also lead to higher auto insurance premiums. 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. Ultimately, it will be your decision whether to accept any plea offer or to take the case to trial. Our site doesnt create an attorney-client relationship and it isnt intended for detailed legal advice. The majority of people do not know the risk of being convicted for DUI. Felony DUI. For a first, second, or third DUI, the driver will typically be facing misdemeanor charges. A fine of between $5,100 and $10,100 may also be assessed. . 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.. The 23-year-old was charged with a felony DUI in connection with the incident. One of the most frequent questions we are asked by new DUI clients is whether a DUI charge is a felony or a misdemeanor. Motor Vehicle Accidents. If you seriously injure or kill someone, that suspension will last for years after you are released from incarceration. What is the South Carolina Ignition Interlock Device Program? (B) As used in this section, 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. 1104 North Oak StreetMyrtle Beach, SC 29577Driving Directions, 1314 2nd AvenueConway, SC 29526Driving Directions, Designed by Elegant Themes | Powered by WordPress. He was charged with felony DUI but pled to reckless homicide. A law enforcement investigation determined that A.J.'s death was caused by Nelson's act of attempting to cross the highway with A.J. Concurrently implies that both sentences are delivered simultaneously or are deemed to be delivered at the same time. 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. DUIs involving great bodily injuries or deaths are felonies. Get More! Can You Get a DUI for Prescription Drugs? The penalties for felony DUI differ depending on the number of DUIs the defendant has committed and the reason they were charged. Many people will have to obtain a SR-22 insurance certificate when they want to have their licenses reinstated. Duncan Smith is a first time offender with a clean record. 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. SC Code 56-5-2945. 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. Individuals who are receive felony charges for allegedly driving under If death occurs, the defendant will face a mandatory fine of $10,100 to $25,100 and 1-25 years in jail, as well as IID use for 5 years. To get the full experience of this website, 2nd offense within 5 years: Driver's license suspension for 6 . Code, 56-5-2933 (see above link) Felony DUI S. Car. 2020 Robert J. Reeves P.C. What Are the Penalties for Driving with a Suspended License in South Carolina? The defendants negligence was the proximate cause of great bodily injury or death to another person. 10,142. 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. Serious bodily injury or death changes everything as we will explain further below. Drove a motor vehicle while under the influence, Caused an accident through their negligence (does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle), and. The state will also charge an individual with felony DUI if the offense is the individuals third or subsequent DUI within 10 years. led to another person's death. State. 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? second or third time. These jail requirements are mandatory and cannot be suspended or substituted for probation. Call Today | Free . 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. Class D Felony: Under class D South Carolina felonies, the felon will be fined about $100,000 or 15 years of imprisonment or both. A charge of felony DUI can be brought against a driver if another person suffered great bodily injury or death in the accident. | Privacy Policy, 3 Factors That Can Lead To A Felony DUI In South Carolina. James Lacy. 2023 The Bateman Law Firm. A person who is convicted of Felony DUI where a death occurs, he or she can expect to receive a sentence of not less than one year and not more than twenty-five years (which also cannot be suspended to probation) and a fine between $10,000 - $25,000. 30 days to 15 years of mandatory imprisonment, Driver's license suspension for period of imprisonment, plus three years, 1 year to 25 years of mandatory imprisonment, Driver's license suspension for period of imprisonment, plus five years. In 2011, there were 9,878 deaths nationwide Also, pursuant to the statute, if someone dies of complications within 3 years of a great bodily injury as defined below, that death would meet the proximate causation standard. Contact a South Carolina Criminal Defense Attorney Today In 2020, there were 11,654 people killed in these preventable crashes. data released by the National Highway Traffic Safety Administration (NHTSA) There are a number of administrative penalties that may be assigned to someone who has been convicted of a felony DUI. She has not been formally convicted, though she will likely face penalties on a civil and criminal level. Reckless Vehicular Homicide Penalties Reckless vehicular homicide is a felony in South Carolina. When death occurs. A driver can also be charged with felony DUI if his or her impaired driving meaning the driver had alcohol in his or her system but was technically How Can a DUI in South Carolina, Affect Your Job Prospects, DUI CONVICTION AND PENALTIES IN SOUTH CAROLINA. penalties than those who receive misdemeanor DUI charges. Will I Keep My License If My DUI Charge Is Reduced? 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. Youve probably heard people say they had a DUI, which usually applies to a misdemeanor record of driving while intoxicated in an incident that did not result in serious bodily harm or death. In other states, the technical term for a DUAC would be a per se DUI. 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. Important Questions and Answers About Your Richland, South Carolina, DUI Charges, Preparing Your Columbia, South Carolina, Criminal Defense Against Theft Charges, Certain Things Cannot Happen in Columbia, South Carolina Criminal Cases, The Costs Are High for DUI Charges and Convictions in Richland, South Carolina, Pre-Trial Intervention Programs and How They Could Help You, Anything You Say While Not In Custody Could Be Used Against You, Misdemeanors, Felonies, and Plea Bargains, What You Need to Know for Your First Offense DUI in Richland County, South Carolina, Shoplifting in Richland County: What You Need to Know, Understanding Burglary Offenses in South Carolina, Stops, Searches, and Seizures in South Carolina Know Your Rights, Criminal Defense For Drug Possession, Distribution, and Trafficking Charges, Driving Under the Influence in South Carolina, South Carolinas Poor Unrepresented in Criminal Defense Cases, South Carolina Legislators Push for More Domestic Violence Prosecutors, Study: SC Criminal Sentencing Shows Racial Bias, Right to Remain Silent: Do Not Talk to the Police Without a Lawyer, Survey: Majority of SC Primary Voters Favor Drug Law Reforms, Critics Argue Overcriminalization in South Carolina, South Carolina Governor Spotlights Criminal Domestic Violence, Making A Murderer Netflix Documentary Exoneration and Conviction, Field Sobriety Tests in DUI Cases: Horizontal Gaze Nystagmus (HGN), COLUMBIA DUI ATTORNEYS SOUTH CAROLINA / RICHLAND COUNTY, FREQUENTLY ASKED QUESTIONS IN SOUTH CAROLINA CRIMINAL CASES. For example, if you were on prescription medications that impaired your ability to drive, but you were unaware of this impairment, then it may not be appropriate to face criminal charges. In most states, including South Carolina, the offense of driving under the influence (DUI) is a misdemeanor. that involved a driver with a BAC of 0.08% or higher, making up 38% of Up to 10 years in prison. Particularly when there is a death, the police and prosecutors will go to extra lengths to ensure that there is a conviction and prison sentence in these cases. 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. Felony DUI in SC Felony DUI is charged when a person is driving under the influence and causes either: 1) Great bodily injury; or 2) Death to another person. from two years following the individual's license suspension to an entire 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 Does a DUI Suspend Your Drivers License in South Carolina? Although impaired, the impairment was not the proximate cause of the crash. 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. To be charged with felony DUI resulting in great bodily injury, the persons injuries must create a substantial risk of death or cause serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.. lifetime, depending on how many previous offenses the convicted person In percentage based cases, fees are calculated prior to deducting costs. 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. Caleb Andrew Kennedy, 17, from Roebuck, is charged. The separate offense of felony DUI, however, specifically makes a conviction a felony offense because the statute says it is a felony. 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. 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. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Kent Collins Law Firm607 South Lake DriveLexington, SC 29072. a strong legal professional involved can greatly increase a defendant's 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. 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. 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. Offenses include: DUI; reckless driving; any offense punishable as a felony under the motor vehicle laws of South Carolina or any felony in which a motor vehicle is used; voluntary manslaughter; involuntary manslaughter; or reckless homicide resulting from the operation of a motor vehicle. He was charged with felony DUI but pled to reckless homicide instead. 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. A judge may provide for a sentence to be served upon terms and conditions that they consider proper, including weekend or nighttime service. A Greenwood, South Carolina, man has been sentenced to 13 years behind bars for a fatal collision that occurred back in 2014 when he was intoxicated. The information on this website is for general information purposes only. Lots of states also have a form of vehicular homicide that applies when an impaired driver causes the death of another. A criminal record that cannot be expunged. The state reads that the felony vehicular homicide GA range is three (3) to fifteen (15) years, for each DUI death and these sentences can be run consecutively (end-to-end). Examples of crimes that come under class D felony are felony drunk . 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. by Futeral & Nelson, LLC | DUI Attorney, DUI Defense in Charleston, South Carolina. Police: Illegal Alien Killed 76-Year-old Philanthropist in Drunk Driving Crash. South CarolinaDUILaws, Fines & Penalties, VermontDUILaws: An Overview of the Laws, Fines and Penalties. Read More: How to Get a DUI Removed From Your Driving Record. South Carolina Criminal Defense Attorney | Over 25 Years Experience. Talk to a DUI Defense attorney In South Carolina, a felony DUI is a serious crime. Any result we achieve on a clients behalf doesnt necessarily mean similar results for other clients. 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. by kentcollinslaw | Apr 1, 2022 | Criminal Offenses. A felony DUI resulting in death is classified as a violent crime. In cases where there is great bodily injury, the driver faces between 30 days to 15 years in jail and a fine of $5,100 to $10,100. In South Carolina, a felony DUI resulting in death is punishable by up to 25 years in prison. In South Carolina, having a drivers license is treated as implied permission to be checked if you are arrested by the police. DUI Defense Lawyer J. Taylor Bell Recognized in Best of Columbia 2018 Awards. The longer you wait, the South Carolina Code of Laws Title 56, Chapter 5, Section 56-5-2945 states that a felony DUI offense occurs when a motor vehicle is driven by a person who is under the influence of alcohol or drugs and neglects their legal duties in a way that results in death or great bodily injury. 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. 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. The cases are usually complex and they receive coverage from local media. The transmission and receipt of information contained on the website do not form or constitute an attorney-client relationship. The law defines great bodily injury as an injury that causes one of the following: Permanent disfigurement Loss or impairment of an organ or bodily member An increased risk of death Statute. against you. The mandatory minimum sentence cannot be reduced, suspended, or replaced with probation. SC Supreme Court Issues Order To Counties To Expedite DUI DUAC Dockets. Were licensed in South Carolina. The difference between the two is whether another person has suffered injury or death. The court is not allowed to suspend any part of a mandatory sentence, meaning In March 2014, a man was sentenced to 10 years after he ran into the back of a car on the Cooper River Bridge and killed the other driver. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. There are several factors that will immediately elevate a misdemeanor DUI to become a felony charge. And it costs Americans more than $44 billion annually. 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. One lastcaveat: the local prosecutor can elect to charge someone with either felony DUI or , in the alternative, involuntary manslaughter or even reckless homicide. All Rights Reserved. Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities. We serve areas in South Carolina (SC), including the following areas: Lexington, Columbia, Richland, Kershaw, Edgefield, Saluda, Orangeburg, Calhoun, Newberry, Laurens, Greenwood and Aiken. 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. Just because you are charged with a . The list goes on. Fact checked by. 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. According to South Carolina law, an intoxicated driver who causes serious bodily harm or the death of another person has committed a crime. The other three charges are felony DUI resulting in great bodily harm. more time law enforcement and prosecutors have to build a strong case Nov 1, 2017 | Criminal Defense, DUI | 0 comments. DUI-Related Vehicular Homicide and Manslaughter. Anyone who is facing a DUI charge should take building a defense seriously. Call us today for dedicated legal assistance! Was under the influence of alcohol, drugs, or a combination of alcohol and drugs. another person. Drivers convicted of felony DUI can face the penalties listed below.