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. In the case of death, the jail sentence is between one to 25 years and the fine is between $10,100 to $25,100. Driving with an unlawful blood alcohol concentration S. Car. Or, fill out our online form to set up a free, no-strings-attached consultation. Driving Under the Influence of Marijuana in South Carolina. If, however, the fourth offense occurs within a 5-year period, your license will be terminated. What is a "felony DUI" in South Carolina? | Ryan Beasley Law Published: Jan. 27, 2023 at 1:08 PM PST. 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. by kentcollinslaw | Apr 1, 2022 | Criminal Offenses. 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). 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. You will be charged with a felony DUI if you've caused "great bodily injury" or death to a person other than yourself. Rhode IslandDUI/DWILaws, Fines & Penalties, South Carolina DUI Laws, Fines & Penalties, violation of South Carolinas zero tolerance law. ! | 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. In South Carolina, a felony DUI is a serious crime. Many people will have to obtain a SR-22 insurance certificate when they want to have their licenses reinstated. DUI 1st, 2nd, 3rd, 4th, or subsequent offenses are classified as misdemeanors. Fifth Judicial Circuit Solicitor's Office. These jail requirements are mandatory and cannot be suspended or substituted for probation. Law Office of James R. Snell, Jr., LLC provides a more in-depth overview of felony DUI charges, the potential The persons license is suspended upon conviction, but, upon release from prison, the person may get an ignition interlock restricted license.. Reckless Vehicular Homicide Penalties Reckless vehicular homicide is a felony in South Carolina. The prosecutor must also prove that the defendants negligence while driving was the proximate cause of another persons injury or death. 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. SC Laws Relative to Impaired Driving | SCDPS - South Carolina A mandatory charge of up to $25,100 and up to 25 years in jail for causing a death. 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. Copyright 2023 Futeral & Nelson, LLCAll Rights Reserved They try hard to find other witnesses who can testify to impaired driving. South Carolina Criminal Defense Attorney | Over 25 Years Experience. The separate offense of felony DUI, however, specifically makes a conviction a felony offense because the statute says it is a felony. 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. 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; 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. What is a Felony DUI in South Carolina? - Futeral & Nelson LLC Will I Keep My License If My DUI Charge Is Reduced? SC Code 56-5-2945. Assistant coach faces judge in triple fatal DUI wreck - WYFF In addition to providing helpful DISCLAIMER: The materials on this website are made available by THE BATEMAN LAW FIRM for informational purposes only and are not legal advice. 949. DUI Conviction and Penalties in Columbia, South Carolina Serious bodily injury or death changes everything as we will explain further below. Read More: How to Get a DUI Removed From Your Driving Record. Even if the person injured was drinking with you and chose to be a passenger in your car, you can be charged with felony DUI. 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. (C) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol. Persons should not act upon information on this site without seeking professional legal counsel. 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.. Further, when a defendant has a history of DUIs and DUACs, a DUAC will count as a DUI to enhance a sentence. The materials on this website may not reflect the most current legal developments, verdicts or settlements. Get Morris! 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. 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. The court cannot suspend the sentence in either case, and probation is not an option. The three convictions must be separate and distinct offenses arising out of separate acts. The Tyndall Effect How an Airbag Can Effect Your Breath Test in a DUI. 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. 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? 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. South Carolina man sentenced in fatal DUI crash Understanding South Carolina's Reckless Vehicular Homicide He could have faced a sentence as long as 25 years for a fatal DUI. 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 . In percentage based cases, fees are calculated prior to deducting costs. 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 most situations, a DUI conviction will be a misdemeanor. that no portion of this sentence can be replaced with probation. These driving-related offenses can be classified as infractions (also called "violations"), misdemeanors, and felonies. 26.3. A Spartanburg woman has been charged with Felony DUI causing death after a crash that killed a man. 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. Felony DUI with Great Bodily Injury The third element contains two prongs: proximate causation and great bodily injury. What do these phrases mean? drivers license is suspended for the term of imprisonment plus three years. You may feel overwhelmed and out of hope, but the right criminal defense lawyer could make the difference. Clients may be responsible for costs in addition to attorneys fees. However, a DUI can be charged as a felony in South Carolina if the driver causes great bodily injury or death to another person. Your browser is out of date. Technically yes, but then the police will take you to the hospital and have your blood drawn. In some states, the information on this website may be considered a lawyer referral service. To be convicted of a felony DUI charge in South Carolina, the prosecution must prove the following elements: 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 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. South Carolina Woman Charged With Felony DUI After Collision 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.. Factors That Lead to a Felony DUI in South Carolina 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. 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. 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 state will also charge an individual with felony DUI if the offense is the individuals third or subsequent DUI within 10 years. Ultimately, it will be your decision whether to accept any plea offer or to take the case to trial. The 20-year old woman we described above had a bail of $250,000. Consequently, we will outline what the law provides and then show you the actual statute for your own review. As you can see, judges have little sentencing discretion in felony DUI cases.