This is a sensitive matter, and you should avoid giving any statements without speaking to an experienced DUI attorney in South Carolina. What Happens After A DUI Arrest in Greenville, SC? In the case of death, the jail sentence is between one to 25 years and the fine is between $10,100 to $25,100. 2) The defendant acted negligently because of the alcohol or drugs (e.g. People make bad decisions, and terrible things happen. Fighting Felony DUI in Columbia, SC. 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. 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. It also indicates that this offense, when resulting in death, is punishable by a mandatory fine of $10,100 to $25, 100 and at least one year in jail, not to exceed 25 years. Driving with an unlawful blood alcohol concentration S. Car. Fortunately, a regular DUI charge is only a misdemeanor. 949. Code, 56-5-2945. DUI 1st, 2nd, 3rd, 4th, or subsequent offenses are classified as misdemeanors. Finally, a lack of knowledge of impairment could be a valid defense in your case. 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. In South Carolina, a felony DUI is a serious crime. What is the South Carolina Ignition Interlock Device Program? 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. If only their drive to come into this country was matched by a respect for law and order. fatalities that involved a driver with a BAC between 0.01% and 0.07%, 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 As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. We serve Charleston, North Charleston, Mount Pleasant, Summerville, Goose Creek, Hanahan, James Island, West Ashley, Isle of Palms, Sullivans Island, Folly Beach, Johns Island, Ladson, Awendaw, McClellanville, Moncks Corner, Ravenel, Seabrook Island, Kiawah, Ridgeville, Bonneau, Cross, Huger, Jamestown, St. Stephen and other areas across South Carolina. to any part of a person's body. South Carolina drunk driving charges are a serious matter. The state will also charge an individual with felony DUI if the offense is the individuals third or subsequent DUI within 10 years. As a result of the incident, a 21-year-old died from her injuries. In general, traffic felonies usually include a monetary fine as well as a prison sentence. 10) The statute states that if a driver is convicted, the court must charge the driver on one of the counts of prosecution. 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. James Lacy. . 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. 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. Under 21 Alcohol-Impaired Driving Fatalities. An official can use this rule, known as implied consent, to examine you if they believe you of drunken driving. 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The state will also charge an individual with felony DUI if the offense is the individuals third or subsequent DUI within 10 years. South Carolina DUI. The Police Caught Me With Marijuana in Columbia, South Carolina. 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; Unlawful driving by a habitual offender resulting in death is a Class C felony, punishable by not more than 20 years of incarceration. (843) 232-0944. . The list goes on. be charged with felony 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. penalties they can lead to and how defendants can take action to better 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. 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. The role of the prosecution in a South Carolina felony DUI case is to prove guilt beyond reasonable doubt. The penalties for conviction of a felony DUI depend on whether there was a great bodily injury or a death. 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. These charges are legally vague and can apply to many typical driving situations. penalties than those who receive misdemeanor DUI charges. There is good news, though. The law says you cant refuse to give this sample, but if you become so obstructive that it is impossible to draw blood, then that resistance will come in at trial. Published: Jan. 27, 2023 at 1:08 PM PST. 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. $100 will be reserved for use by the Department of Public Safety for the In most situations, a DUI conviction will be a misdemeanor. A traffic felony may negatively impact a . Such materials are for informational purposes only and may not reflect the most current legal developments. South Carolina Criminal Defense Attorney | Over 25 Years Experience. (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 The Jeffcoat Firm Announces that Attorney J. Taylor Bell has Joined the Firm. These deaths made up 31% of total traffic by Mandy Matney October 20, 2020. Because the impaired driver broke no other law and breached no other legal duty. 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%. 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. 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. Get Morris! 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. However, a DUI can be charged as a felony in South Carolina if the driver causes great bodily injury or death to another person. The separate offense of felony DUI, however, specifically makes a conviction a felony offense because the statute says it is a felony. In South Carolina, felonies are divided into six classes, A through F, according to SC Code of Laws 16:1. This information is not intended to create, and receipt Apr 18, 2013 | DUI & DWI, Felony DUI, Uncategorized. DUIs are serious business, especially when talking about a Felony DUI charge. When death occurs. A fine of $5,100 to $10,100 may also be imposed. The act or neglect caused great bodily injury or death to another person. 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. 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. 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. Drunk Driving. 26.3. We have seen them as low as $50,000. 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). the influence (DUI) of drugs or alcohol are at risk of facing harsher Therefore, a felony DUI differs from a DUI in both the proof of the offense and the penalties for a conviction. Mr. Jeffcoat strives to keep all his clients informed at all stages of their case. Check out our featured videos for some legal advice from our attorneys! 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 also important to note that repeat felony DUI offenders (or repeat offenders data released by the National Highway Traffic Safety Administration (NHTSA) DUI Treatment Court involves attending substance abuse support group meetings, random drug and alcohol testing, appearing in DUI Treatment Court regularly and securing employment. The cap for commercial drivers is 0.04 %. 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. These penalties may be enhanced for higher blood alcohol content levels. 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.. 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. This scenario would certainly qualify for a felony DUI. 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. In South Carolina, a felony DUI resulting in death is punishable by up to 25 years in prison. While there are ways to fight felony DUI charges, avoiding unnecessary consequences requires a strategic defense. 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. Home 3 Factors That Can Lead To A Felony DUI In South Carolina. Website Design by JustLegal Marketing, DUI Defense in Charleston, South Carolina, Frequently Asked Questions About DUI in South Carolina. DISCLAIMER: The materials on this website are made available by THE BATEMAN LAW FIRM for informational purposes only and are not legal advice. 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.