There are multiple options for defense. second or third time. This means that housing and employment opportunities could be denied, as could educational opportunities and much more. 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. 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. 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. 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. A fine of between $5,100 and $10,100 may also be assessed. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. For a first, second, or third DUI, the driver will typically be facing misdemeanor charges. 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. NOTICE ! The materials on this website may not reflect the most current legal developments, verdicts or settlements. Finally, a lack of knowledge of impairment could be a valid defense in your case. Published: Jan. 27, 2023 at 1:08 PM PST. Highway Patrol, according to South Carolina law. Website Design by JustLegal Marketing, DUI Defense in Charleston, South Carolina, Frequently Asked Questions About DUI in South Carolina. In some regards, defending a felony DUI is similar to defending a municipal or magistrate level DUI. COPYRIGHT 2022 Kent Collins Law Firm| SITE BY JANGO STUDIOS, the elements of an ordinary DUI or DUAC, Direct Evidence vs. Circumstantial Evidence, Failure to Appear and Bench Warrants in SC, Why ordinary DUIs are not classified as felonies, and. There are a number of administrative penalties that may be assigned to someone who has been convicted of a felony DUI. For more information, please read our article on bond hearings in South Carolina. DUI offenses where there was a fatality carry $10,100 to $25,100 and one to 25 years in prison. Just because you are charged with a . 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. Both must be proven to convict. The difference between the two is whether another person has suffered injury or death. Consecutively implies that each counts sentences must be served in order. 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. 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. 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. 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. Call Today | Free . by kentcollinslaw | Apr 1, 2022 | Criminal Offenses. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. Thus, it takes more than evidence of the defendant being intoxicated at the time of the accident. Lots of states also have a form of vehicular homicide that applies when an impaired driver causes the death of another. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. For those individuals who want to read the actual statute for themselves, it is reproduced below, in relevant part: SECTION 56-5-2945. 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 percentage based cases, fees are calculated prior to deducting costs. Drivers convicted of felony DUI can face the penalties listed below. 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. A fine of $5,100 to $10,100 may also be imposed. 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, if a case involves certain aggravating factors, a DUI can be charged as a felony. The person was under the influence of alcohol, drugs, or a combination. The fine increases to between $7,500 and $10,000. State. Accident Resulting in Death to the Victim. This scenario would certainly qualify for a felony DUI. 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. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. South Carolina automatically categorizes a person's third DUI offense as a felony. DUIs are serious business, especially when talking about a Felony DUI charge. 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. SC Code 56-5-2945. DISCLAIMER: The materials on this website are made available by THE BATEMAN LAW FIRM for informational purposes only and are not legal advice. 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. 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 If the individuals BAC was between 0.10 and 0.159 percent, the period of incarceration increases to between two and six years. Persons should not act upon information on this site without seeking professional legal counsel. A felony DUI is most serious, and you should retain experienced DUI defense counsel as quickly as possible after being charged. People make bad decisions, and terrible things happen. 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. 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. When death occurs. 1104 North Oak StreetMyrtle Beach, SC 29577Driving Directions, 1314 2nd AvenueConway, SC 29526Driving Directions, Designed by Elegant Themes | Powered by WordPress. 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. 24 year old Destiny Mills was driving under the influence of alcohol, causing her to rear-end the vehicle of 21 year old Olivia Johnson, who was ejected from the vehicle and killed. In every felony DUI case, we also have to deal with the victim or the victims family who often want justice. Some links within the THE BATEMAN LAW FIRM website may lead to other sites. A Spartanburg woman has been charged with Felony DUI causing death after a crash that killed a man. 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. In most situations, a DUI conviction will be a misdemeanor. that involved a driver whose blood alcohol concentration (BAC) was at Law Office of James R. Snell, Jr., LLC provides a more in-depth overview of felony DUI charges, the potential or viewing does not constitute, an attorney-client relationship. The lawyer can determine whether any of the prior convictions will count to enhance the defendants sentence. Underage Drinking and Driving in South Carolina Zero Tolerance Law. 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. A DUI conviction will also lead to higher auto insurance premiums. Second offense : $2,100-5,100 fine and a minimum of 5 days to 1 year in jail. The three convictions must be separate and distinct offenses arising out of separate acts. if you are driving home after 3 beers and you injured a person who stepped out into the road in front of you, it is possible that you could face serious jail time. When does a DUI become a felony in South Carolina? Nelson was charged with second-degree vehicular homicide and a pedestrian crossing violation. A fourth or subsequent DUAC is a Class F felony, according to SC Code of Laws 16:1. In general, traffic felonies usually include a monetary fine as well as a prison sentence. Alabama. First offense : $400 fine or a minimum of 48 hours to 30 days in jail. 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 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. Anyone convicted of a felony DUI is likely to spend significant time in jail. Get Morris! 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. DUIs involving great bodily injuries or deaths are felonies. Kent Collins Law Firm is located in Lexington, SC. The mans blood alcohol content (BAC) was 0.13 which is in the middle of 3 tiers of intoxication under our law. In this article, we will go over the basics of felony DUI in SC, including: There are two types of felony DUI in SC felony DUI that results in someones death and felony DUI that results in great bodily injury to a person. What is the Difference Between a Felony and a Misdemeanor? Up to 10 years in prison. What is a Felony DUI under South Carolina law? The attorney listings on this site are paid attorney advertising. Convicted motorists face up to ten years in prison and/or $1,000 to $5,000 in fines. 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. In addition, a driver who leaves the scene of an accident may also have his license suspended. A felony DUI, however, is different. Fortunately, a regular DUI charge is only a misdemeanor. A second defense option is that although you were intoxicated, this did not cause the accident. The court cannot suspend the sentence in either case, and probation is not an option. Felony DUI in SC doesnt exactly mean a DUI that is a felony. Felony DUI refers to a specific offense that is referred to as felony DUI, but the elements that must be proven at trial are different from the elements of DUI or DUAC. What Should I Do If My Rideshare Driver Is Drunk? It was to blame for 29% of motor vehicle fatalities in 2015, according to the latest data from the National Highway Traffic Safety Administration. 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. Traffic offenses occur when motorists violate ordinances or state laws relating to the movement and control of traffic. 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. The role of the prosecution in a South Carolina felony DUI case is to prove guilt beyond reasonable doubt. The 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. What are the Penalties for a Felony DUI in South Carolina? Motor Vehicle Accidents. Anyone who is facing a DUI charge should take building a defense seriously. A traffic felony may negatively impact a . 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. These charges are legally vague and can apply to many typical driving situations. In South Carolina, felony DUI is the bodily injury or the death of another person. 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. For now, just be aware how easy it is to find yourself in even more serious trouble if you take a chance and get behind the wheel after having a drink with dinner or beers with friends at the game. Read More: How to Know If a DUI Is on Your Record. These jail requirements are mandatory and cannot be suspended or substituted for probation. 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. more time law enforcement and prosecutors have to build a strong case The Police Caught Me With Marijuana in Columbia, South Carolina. National. Felony charges are very serious and should not be taken lightly. A person is not eligible for a diversion program like DUI Treatment Court if they plead guilty to a violent crime. Our law office is equipped to handle various types of DUI cases, whether 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. But first, lets explore whats involved when someone is charged with a felony DUI in SC. An individual charged with a felony DUI may be eligible to complete DUI Treatment Court, according to the Fifth Judicial Circuit Solicitor's Office. The third element contains two prongs: proximate causation and great bodily injury. What do these phrases mean? With a BAC between 0.10 and 0.159 percent, the period of incarceration increases to between 90 days and four years, and the fine increases to between $5,000 and $7,500. 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. . Read More: How to Get a DUI Removed From Your Driving Record. The 20-year old woman we described above had a bail of $250,000. Two others were injured and transported to the hospital from Johnsons vehicle. 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. That charge will automatically become a felony if the child is seriously injured or killed. 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. 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. The state will also charge an individual with felony DUI if the offense is the individuals third or subsequent DUI within 10 years. If you wish to know more about felony DUI in South Carolina, contact our expert attorneys today. 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. 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. 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 Code, 56-5-2945. (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 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. The act or neglect caused great bodily injury or death to another person. a strong legal professional involved can greatly increase a defendant's A criminal record that cannot be expunged. that involved a driver with a BAC of 0.08% or higher, making up 38% of . The law considers "great bodily injury" to include injuries that involve: a high risk of death (AL Code Title 32, Ch. There are additional costs for assessments and surcharges beyond the fine. Felony DUI with Death 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. The State of South Carolina will charge a third time DUI offense as a felony. Felony DUIs carry mandatory sentences, and having a felony conviction on your record can negatively impact virtually all aspects of your life. The cases are usually complex and they receive coverage from local media. in December 2012. DUI Conviction for Refusal / BAC less than 0.10. 1 Getting a DUI can also result in negative consequences for your relationships, job, social life, finances, and mental health. 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. For suspension purposes of this section, convictions arising out of a single incident shall run concurrently. running a stop light). the influence (DUI) of drugs or alcohol are at risk of facing harsher data released by the National Highway Traffic Safety Administration (NHTSA) With a BAC of 0.16 percent or above, the period of incarceration increases to between six months and five years. 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. Nothing on this site should be taken as legal advice for any individual She was released on a $100K bond and requirement to wear an alcohol monitor to track consumption. 2023 The Bateman Law Firm. South Carolina DUI. 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. If a person has pleaded guilty or been charged and convicted of felony DUI, the judge must determine the required penalty. Do Not Sell or Share My Personal Information, DUIs involving great bodily injuries or deaths, Do Not Sell or Share My Personal Information. In early September of this year, a 23-year-old woman was driving eastbound on Interstate 26 near Lexington, South Carolina. Does a DUI Suspend Your Drivers License in South Carolina? 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. This information is not intended to create, and receipt | Privacy Policy, 3 Factors That Can Lead To A Felony DUI In South Carolina. No bond was set after police officers told the judge that. 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. In other states, the technical term for a DUAC would be a per se DUI. A third or subsequent DUI is a Class F felony, punishable by not more than five years of incarceration. 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. 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. case or situation. from two years following the individual's license suspension to an entire Code, 56-5-2933 (see above link) Felony DUI S. Car. by Futeral & Nelson, LLC | DUI Attorney, DUI Defense in Charleston, South Carolina. 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. penalties than those who receive misdemeanor DUI charges. 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.. 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. Once you have reached your fourth offense, the state of South Carolina will revoke your license. We have seen them as low as $50,000. retain a knowledgeable attorney you can trust. Contact a South Carolina Criminal Defense Attorney Today Clients may be responsible for costs in addition to attorneys fees. Reckless Vehicular Homicide Penalties Reckless vehicular homicide is a felony in South Carolina. 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. Proximate causationbasically means legal causation, not factual causation, that will be recognized for a certain purpose. The man was found guilty of two felony DUI charges one resulting in death and another causing great bodily injury. Fighting Felony DUI in Columbia, SC. Former "American Idol" contestant Caleb Kennedy has been charged with a felony DUI after a fatal crash in his home state of South Carolina. In South Carolina, a felony DUI is a serious crime. He was charged with felony DUI but pled to reckless homicide instead. South Carolina drunk driving charges are a serious matter. fatalities that involved a driver with a BAC between 0.01% and 0.07%, A part of the mandatory sentences required to be imposed by this section must not be suspended, and probation must not be granted for any portion. They are more likely to subpoena your credit card statement to look for charges made at bars or restaurants. Jessica Zimmer is a journalist and attorney based in northern California. 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. The former "American Idol" contestant charged with DUI in a deadly crash in South Carolina will have another court hearing this morning. There is no current provision under the law to ever have a DUI expunged from your record. Concurrently implies that both sentences are delivered simultaneously or are deemed to be delivered at the same time. Fifth Judicial Circuit Solicitor's Office. meaning the driver had alcohol in his or her system but was technically Call (843) 232-0944 today. As you can see, judges have little sentencing discretion in felony DUI cases. An individual with a history of DUI cases and at risk of a new DUI conviction should consult a defense lawyer. person's life. However, an arresting officer may elect to charge you with following too closely, failure to yield, or reckless driving to meet this element of the felony DUI charge. By: Jessica Zimmer. 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. You will be charged with a felony DUI if you've caused "great bodily injury" or death to a person other than yourself. For great bodily injury, a conviction carries a mandatory fine of $5,000 to $10,000, plus imprisonment for at least 30 days and as long as 15 years. This is a sensitive matter, and you should avoid giving any statements without speaking to an experienced DUI attorney in South Carolina. South Carolina automatically categorizes a persons third DUI offense as a felony. 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All Rights Reserved. 28.1. This website is meant to provide meaningful information, but does not create an attorney-client relationship. the client is someone accused of DUI for the 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. Reckless Homicide: $1,000 to $5,000 in fines. 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. Consequently, we will outline what the law provides and then show you the actual statute for your own review. 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%. The state of South Carolina (under the For example. Also, the DMV must suspend the convicted person's driver's license for the term of imprisonment plus three years. For example, if the person injured has a broken arm placed in a cast, the prosecutor can argue that the 8 weeks in the cast is enough to be a protracted loss or impairment of the function of a bodily member.. If the injuries are less severe, the defendant can only be charged with the traditional offense of DUI and not felony DUI. 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 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.