What Happens If a South Carolina Driver Gets a DUI in Another State? Code, 56-5-2930. When does a DUI become a felony in South Carolina? for an alleged DUI offense, the first thing you should do is immediately 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. 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. A judge will rule that the sentences for several counts of conviction may run simultaneously or consecutively while imposing penalties. The prosecutor must also prove that the defendants negligence while driving was the proximate cause of another persons injury or death. The mandatory minimum sentence cannot be reduced, suspended, or replaced with probation. DUI 1st, 2nd, 3rd, 4th, or subsequent offenses are classified as misdemeanors. South Carolina automatically categorizes a persons third DUI offense as 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. 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. 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. What Is Considered Public Disorderly Conduct in SC? 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. In the case of repeated offenders of misdemeanors, imprisonment for felon will be extended for 2 years and for six years in the case of felony. 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. Giving a breath sample has its advantages because we may be able to show errors in the testing process or problems with the machine. Some links within the THE BATEMAN LAW FIRM website may lead to other sites. In some regards, defending a felony DUI is similar to defending a municipal or magistrate level DUI. If you are younger than 21 years old, you can receive a DUI/DWI if you're caught driving with a BAC of 0.02% or higher. **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. 30 days to 15 years mandatory imprisonment, in state or federal prison, not local jail. the client is someone accused of DUI for the If the third offense occurs within five years of the first offense, the penalty increases to four years' drivers license suspension and four years' IID installation. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. 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. Offense of felony driving under the influence; penalties; great bodily injury defined. And those are just the criminal consequences, because a DUI record will also result in higher . Dont leave your future to chance. Therefore, a felony DUI differs from a DUI in both the proof of the offense and the penalties for a conviction. These penalties may be enhanced for higher blood alcohol content levels. An official can use this rule, known as implied consent, to examine you if they believe you of drunken driving. FACING A DUI? After release from prison, ignition interlock device (IID) requirements (three years if great bodily injury and five years if death), and. The 15th . 3) The negligent behavior caused the accident, resulting in death. For suspension purposes of this section, convictions arising out of a single incident shall run concurrently. Clients may be responsible for costs in addition to attorneys fees. What Are The Consequences Of Driving Under The Influence In South Carolina? If you wish to know more about felony DUI in South Carolina, contact our expert attorneys today. Great bodily injuryfor the purpose of felony DUI is an injury that 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. In serious automobile accidents, it is not unusual for someone to lose a body part or organ. 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. 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. Proximate causationbasically means legal causation, not factual causation, that will be recognized for a certain purpose. Contact Coastal Law to discuss your situation. In August 2012, a 20-year old woman was sentenced to 8 years after killing a man on a motorcycle who was not wearing his helmet. Traffic offenses occur when motorists violate ordinances or state laws relating to the movement and control of traffic. You will be charged with a felony DUI if you've caused "great bodily injury" or death to a person other than yourself. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. drivers license is suspended for the term of imprisonment plus five years. Nov 1, 2017 | Criminal Defense, DUI | 0 comments. This requirement can last for anywhere Apr 18, 2013 | DUI & DWI, Felony DUI, Uncategorized. These charges are legally vague and can apply to many typical driving situations. Having 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%. His BAC was 0.12, which a male can reach on just 3 or 4 beers in some cases. DUI Conviction for Refusal / BAC less than 0.10. People who have questions about these issues should consult with an attorney. New Expungement Law Help You Go Back to Work? 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.. 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. be charged with felony DUI. 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. 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. 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 role of the prosecution in a South Carolina felony DUI case is to prove guilt beyond reasonable doubt. Because 1) these cases often get media attention and 2) there is often a victim or victims family who want the defendant to receive the harshest punishment possible. 2) The defendant acted negligently because of the alcohol or drugs (e.g. $100 will be reserved for use by the Department of Public Safety for the protect themselves against conviction. 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. The individual must have a history of alcohol or drug dependency, be at least 18 years of age and have committed a second or subsequent DUI or a felony DUI. 2020 Robert J. Reeves P.C. Legal Beagle: How to Know If a DUI Is on Your Record, Legal Beagle: How to Get a DUI Removed From Your Driving Record. Is a DUI a Misdemeanor or a Felony in South Carolina? Felony charges are very serious and should not be taken lightly. Technically yes, but then the police will take you to the hospital and have your blood drawn. Reckless Homicide: $1,000 to $5,000 in fines. But court appearances, fines, and fees are likely. 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. According to South Carolina law, an intoxicated driver who causes serious bodily harm or the death of another person has committed a crime. Serious bodily injury or death changes everything as we will explain further below. 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.. 2023 The Bateman Law Firm. 803-746-4302. It was to blame for 29% of motor vehicle fatalities in 2015, according to the latest data from the National Highway Traffic Safety Administration. State. Nelson was charged with second-degree vehicular homicide and a pedestrian crossing violation. If you seriously injure or kill someone, that suspension will last for years after you are released from incarceration. DUI offenses where there was a fatality carry $10,100 to $25,100 and one to 25 years in prison. 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. 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. devices installed in their vehicles. Is it Possible for Me to Apply for a DUI Expungement in South Carolina? The exception to this rule is that a third DUI is a Class F felony, whereas a third DUAC is a Class A misdemeanor. 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. Thus, it is essential to build a strong defense to the prosecutions claims. Or, in single vehicle accident cases, you can face prison time if your passenger is seriously hurt or dies. Most of the same defenses that are available in misdemeanor DUI cases are also available in a felony DUI case. In the case of death, the jail sentence is between one to 25 years and the fine is between $10,100 to $25,100. Kent Collins Law Firm is located in Lexington, SC. Felony DUIs carry mandatory sentences, and having a felony conviction on your record can negatively impact virtually all aspects of your life. South Carolina DUI. In a case of great bodily injury, the defendant could face a mandatory fine of $5,100-$10,100 and imprisonment for 30 days to 15 years, as well as ignition interlock device (IID) use for 3 years. The person who is convicted of this crime must also surrender their license for five years beyond their period of incarceration. 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. 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. 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. 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. Will I Keep My License If My DUI Charge Is Reduced? Melissa Asko, 24, pleaded guilty to two counts of felony driving under the influence resulting in death and three counts of felony DUI with great bodily injury. Motor Vehicle Accidents. 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. However, a DUI can be charged as a felony in South Carolina if the driver causes great bodily injury or death to another person. Further, prior results do not guarantee a similar outcome. If the victim was a child under the age of 16, the maximum sentence is life in prison. Was under the influence of alcohol, drugs, or a combination of alcohol and drugs. Get More! The statute states that if a driver is convicted, the court must charge the driver on one of the counts of prosecution. An individual charged with a felony DUI may be eligible to complete DUI Treatment Court, according to the Fifth Judicial Circuit Solicitor's Office. If only their drive to come into this country was matched by a respect for law and order. What is the Difference Between a Felony and a Misdemeanor? Below are links to hit and run state laws. Your browser is out of date. They are more likely to subpoena your credit card statement to look for charges made at bars or restaurants. It claims roughly 10,000 lives per year. A felony DUI resulting in death is classified as a violent crime. In the case of death, the jail sentence is between one to 25 years and the fine is between $10,100 to $25,100. If guilt is established (often through the defendant's own plea or after a jury trial ), the penalty will depend on state law . What Are the Penalties for Driving with a Suspended License in South Carolina? Anyone convicted of a felony DUI is likely to spend significant time in jail. Penalties for causing death include one to 25 years of incarceration and a fine of between $10,100 and $25,100, as well as additional costs for assessments and surcharges. The cases are usually complex and they receive coverage from local media. 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. 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 . Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Kent Collins Law Firm607 South Lake DriveLexington, SC 29072. or viewing does not constitute, an attorney-client relationship. The transmission and receipt of information contained on the website do not form or constitute an attorney-client relationship. It takes more than proving that this is what caused the accident. in December 2012. that no portion of this sentence can be replaced with probation. People make bad decisions, and terrible things happen. The mans blood alcohol content (BAC) was 0.13 which is in the middle of 3 tiers of intoxication under our law. The separate offense of felony DUI, however, specifically makes a conviction a felony offense because the statute says it is a felony. Penalties for a third time conviction can include up to 3 years in prison with fines of up to $12,000 if the driver had a blood alcohol concentration (BAC) of under 0.10. If death resulted, there is a mandatory minimum sentence of one year up to 25 years in prison and a mandatory fine of $10,100 up to $25,100. In South Carolina, a felony DUI resulting in death is punishable by up to 25 years in prison. DUI Fatality Rate In Greenville Explained, *Files are primarily handled in our Greenville office. The defendant is not charged with proving their own innocence, but with defending themselves against the prosecutions attempts to prove guilt. Whether the accident causes death or great bodily harm, the court cannot rule for probation nor can it suspend the case. The state will also charge an individual with felony DUI if the offense is the individuals third or subsequent DUI within 10 years. The penalties for a DUAC are roughly the same as for a DUI. As you can see, theyre typically higher profile cases. Jessica Zimmer is a journalist and attorney based in northern California. What is a Felony DUI under South Carolina law? Home 3 Factors That Can Lead To A Felony DUI In South Carolina. Former "American Idol" contestant Caleb Kennedy has been charged with a felony DUI after a fatal crash in his home state of South Carolina. Penalties for a third DUI arrest include 60 days to three years of incarceration; a fine of between $3,800 and $6,300; additional fines and surcharges; completion of a state substance abuse treatment program; two years' drivers license suspension; and three years' installation of an ignition interlock device (IID). Copyright 2023 Futeral & Nelson, LLCAll Rights Reserved 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. 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. The lawyer can determine whether any of the prior convictions will count to enhance the defendants sentence. 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. This article discusses the various DUI crimes in South Carolina. If an individual is accused of committing a DUI offense that led to the Code, 56-5-2945. or above the legal limit of 0.08%. Driving with an unlawful blood alcohol concentration S. Car. Also, the DMV must suspend the convicted person's driver's license for the term of imprisonment plus three years. An individual with a history of DUI cases and at risk of a new DUI conviction should consult a defense lawyer. However, a conviction or plea will result in a permanent criminal record. Read More: How to Know If a DUI Is on Your Record. All Rights Reserved. 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. that involved a driver with a BAC of 0.08% or higher, making up 38% of Unlawful driving by a habitual offender resulting in death is a Class C felony, punishable by not more than 20 years of incarceration. He was charged with felony DUI but pled to reckless homicide instead. Fighting Felony DUI in Columbia, SC. 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. Michael Jeffcoat, 1333 Main Street, Suite 510 Columbia, SC 29201, Copyright 2023 Carolina Defense Lawyers, South Carolina Code of Laws Title 56, Chapter 5, Section 56-5-2945. In every state, it's illegal to drive drunk, yet one person was killed in a drunk-driving crash every 45 minutes in the United States in 2020. 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. of other types of DUI offenses) are required to have ignition interlock 2) The defendant acted negligently because of the alcohol or drugs (e.g. that involved a driver whose blood alcohol concentration (BAC) was at Fact checked by. 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. He could have faced a sentence as long as 25 years for a fatal DUI. SC Supreme Court Issues Order To Counties To Expedite DUI DUAC Dockets. 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. We have seen them as low as $50,000. (A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to another Minimum $10,000 and maximum $25,000 mandatory fine. We serve areas in South Carolina (SC), including the following areas: Lexington, Columbia, Richland, Kershaw, Edgefield, Saluda, Orangeburg, Calhoun, Newberry, Laurens, Greenwood and Aiken. 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. 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; Individuals who are receive felony charges for allegedly driving under 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. As a result of the incident, a 21-year-old died from her injuries. please update to most recent version. under unsafe conditions. The crash occurred in Spartanburg, and troopers say that the 64-year-old woman was driving south when she flew off the road, hit a tree, and killed her 59-year-old passenger. In June 2014, a woman was sentenced in Charleston County to 17 years after her car crossed the center line, hit oncoming traffic, and killed the other driver. The 20-year old woman we described above had a bail of $250,000. That charge will automatically become a felony if the child is seriously injured or killed. fatalities for the entire year, according to 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. 949. The State of South Carolina will charge a third time DUI offense as a felony. If a driver is criminally drunk and has a passenger under the age of 16, he or she can face child endangerment charges in addition to the DUI. These jail requirements are mandatory and cannot be suspended or substituted for probation. Read More: What Will My Probation Officer Do If I Fail an Alcohol Test? A fine of between $5,100 and $10,100 may also be assessed. The injury or death could be to the occupants of another vehicle, a pedestrian, or even the passengers in the defendants vehicle, but it must be an injury to another person if the defendant only hurt themselves in a crash, that is charged as an ordinary DUI. Law enforcement officers report that the woman struck an SUV, which veered off the road and overturned. The attorney listings on this site are paid attorney advertising. 28.1. In 2020, there were 11,654 people killed in these preventable crashes. first time or someone accused for a 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. What Happens After A DUI Arrest in Greenville, SC? It is In fact, on average over the 10-year period from 2011-2020, about 10,500 people died every year in drunk-driving crashes. Or, fill out our online form to set up a free, no-strings-attached consultation. 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. What Are South Carolinas Habitual Offender Laws? 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 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. the influence (DUI) of drugs or alcohol are at risk of facing harsher Finally, a lack of knowledge of impairment could be a valid defense in your case. Law enforcement will search your vehicle for bar receipts or other evidence of drinking. Also, the prosecutors are more likely to seek other evidence in a felony DUI case. Driving under influence (DUI) is a crime in several states, including South Carolina. For more information, please read our article on bond hearings in South Carolina. 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. by Mandy Matney October 20, 2020. "great bodily injury" of another person, that individual will Talk to a DUI Defense attorney To be convicted of a felony DUI charge in South Carolina, the prosecution must prove the following elements: The first element sounds very similar to a DUI, but unlike a misdemeanor DUI, the statute does not mention that the drugs or alcohol must also impair the ability of the driver to drive safely. A felony DUI, however, is different. A charge of felony DUI can be brought against a driver if another person suffered great bodily injury or death in the accident. The defendants negligence was the proximate cause of great bodily injury or death to another person. The difference between the two is whether another person has suffered injury or death. Website Design by JustLegal Marketing, DUI Defense in Charleston, South Carolina, Frequently Asked Questions About DUI in South Carolina. No part of the minimum sentence for a DUI offender may be suspended. 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. The act or neglect caused great bodily injury or death to another person. Also, the DMV must suspend the convicted person's driver's license for the term of imprisonment plus three years. (A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to a person other than himself, is guilty of the offense of felony driving under the influence and, upon conviction, must be punished: (1) by a mandatory fine of not less than five thousand one hundred dollars nor more than ten thousand one hundred dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results; (2) by a mandatory fine of not less than ten thousand one hundred dollars nor more than twenty-five thousand one hundred dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.