drivers license is suspended for the term of imprisonment plus five years. Fines can range from $500 to thousands of dollars depending on the circumstances and the jurisdiction. 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. Nevertheless, if alcohol and/or drugs play any role, this first element is satisfied for a felony DUI. Fighting Felony DUI in Columbia, SC. SC Code 56-5-2945. 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. It takes more than proving that this is what caused the accident. What is a Felony DUI under South Carolina law? 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. devices installed in their vehicles. In percentage based cases, fees are calculated prior to deducting costs. It all depends on the facts of the case, the person, and who the bond judge is. 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. Felony DUI. Dont leave your future to chance. Code, 56-5-2930. 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. 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. 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. lifetime, depending on how many previous offenses the convicted person NOTICE ! Or, fill out our online form to set up a free, no-strings-attached consultation. 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. A judge may provide for a sentence to be served upon terms and conditions that they consider proper, including weekend or nighttime service. In addition to criminal court penalties, you will face the following penalties with the South Carolina DMV: 1st offense: Driver's license suspension for 3 months. 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. DUI 1st, 2nd, 3rd, 4th, or subsequent offenses are classified as misdemeanors. 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. 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. The state will also charge an individual with felony DUI if the offense is the individual's third or subsequent DUI within 10 years. 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. A felony DUI resulting in death is classified as a violent crime. SC Supreme Court Issues Order To Counties To Expedite DUI DUAC Dockets. or viewing does not constitute, an attorney-client relationship. The act or neglect caused great bodily injury or death to another person. Convicted motorists face up to ten years in prison and/or $1,000 to $5,000 in fines. 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. 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After release from prison, ignition interlock device (IID) requirements (three years if great bodily injury and five years if death), and. Mr. Jeffcoat strives to keep all his clients informed at all stages of their case. What is the South Carolina Ignition Interlock Device Program? 1104 North Oak StreetMyrtle Beach, SC 29577Driving Directions, 1314 2nd AvenueConway, SC 29526Driving Directions, Designed by Elegant Themes | Powered by WordPress. Under this law, your blood alcohol concentration (BAC) may even be below the 0.08% presumptive level. Under South Carolina law, "great bodily injury" is defined as an injury "which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the . 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. Three of the felony charges are DUI resulting in death. Fourth offense : Minimum of 1 year to 5 years in jail. 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. In November 2013, a man was sentenced to 10 years, suspended on service of 3 years in jail and 5 years probation, after he killed a man on a moped. The penalties for a DUAC are roughly the same as for a DUI. 30 days to 15 years mandatory imprisonment, in state or federal prison, not local jail. fatalities for the entire year, according to The penalties for a fourth or subsequent DUI conviction generally depend on the driver's BAC. For any Charleston DUI lawyer, defending a felony DUI is much more challenging, and the stakes are higher than defending a municipal or magistrate level DUI such as a DUI 1st. These jail requirements are mandatory and cannot be suspended or substituted for probation. Do Not Sell or Share My Personal Information, DUIs involving great bodily injuries or deaths, Do Not Sell or Share My Personal Information. DUIs involving great bodily injuries or deaths are felonies. Drivers convicted of felony DUI can face the penalties listed below. penalties they can lead to and how defendants can take action to better This is a sensitive matter, and you should avoid giving any statements without speaking to an experienced DUI attorney in South Carolina. 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. Whether you have been arrested or you are under investigation by law enforcement below the legal limit. There are a number of administrative penalties that may be assigned to someone who has been convicted of a felony DUI. There are multiple options for defense. A DUI is defined as driving under the influence of alcohol with a blood alcohol concentration (BAC) of 0.08 percent or above according to the South Carolina Department of Public Safety's SC Laws Relative to Impaired Driving. The lawyer can also determine whether the current felony DUI or DUAC charge could be reduced to a misdemeanor DUI. Once you have reached your fourth offense, the state of South Carolina will revoke your license. If (in the same crash) some other victims are serious injured) and DUI-related serious bodily injury victims can add 1 to 15 years. 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. 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). Call Today | Free Consultation. Duncan Smith is a first time offender with a clean record. a strong legal professional involved can greatly increase a defendant's A traffic felony may negatively impact a . 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. The state of South Carolina (under the This information is not intended to create, and receipt What Is Considered Public Disorderly Conduct in SC? There is no current provision under the law to ever have a DUI expunged from your record. People make bad decisions, and terrible things happen. 1 year to 25 years mandatory imprisonment, in state or federal prison, not local jail. John David Bowen, 76, was walking at the intersection of . 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. Any result we achieve on a clients behalf doesnt necessarily mean similar results for other clients. Fifth Judicial Circuit Solicitor's Office. for an alleged DUI offense, the first thing you should do is immediately 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. The 20-year old woman we described above had a bail of $250,000. 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. A third or subsequent DUI is a Class F felony, punishable by not more than five years of incarceration. 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. 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. The man assisted the other driver financially while he recovered. Nov 1, 2017 | Criminal Defense, DUI | 0 comments. 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. The cases are usually complex and they receive coverage from local media. 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. We serve areas in South Carolina (SC), including the following areas: Lexington, Columbia, Richland, Kershaw, Edgefield, Saluda, Orangeburg, Calhoun, Newberry, Laurens, Greenwood and Aiken. South Carolina Criminal Defense Attorney | Over 25 Years Experience. In South Carolina, felonies are divided into six classes, A through F, according to SC Code of Laws 16:1. If the victim was a child under the age of 16, the maximum sentence is life in prison. Also, the prosecutors are more likely to seek other evidence in a felony DUI case. . The person was under the influence of alcohol, drugs, or a combination. 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 . The fine increases to between $7,500 and $10,000. If you seriously injure or kill someone, that suspension will last for years after you are released from incarceration. The defendant is not charged with proving their own innocence, but with defending themselves against the prosecutions attempts to prove guilt. Persons should not act upon information on this site without seeking professional legal counsel. **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. You will be charged with a felony DUI if you've caused "great bodily injury" or death to a person other than yourself. The majority of people do not know the risk of being convicted for DUI. The 15th . South Carolina automatically categorizes a person's third DUI offense as a felony. If the kid is seriously wounded or killed, the conviction will then become a criminal. 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. 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. 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. The person who is convicted of this crime must also surrender their license for five years beyond their period of incarceration. One lastcaveat: the local prosecutor can elect to charge someone with either felony DUI or , in the alternative, involuntary manslaughter or even reckless homicide. Driving Under the Influence of Marijuana in South Carolina. South Carolina's DUI laws prohibit operating a vehicle with a blood alcohol concentration (BAC) of .08% or more or while under the influence of drugs (including prescription drugs) or alcohol. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. The information on this website is for general information purposes only. Published: Jan. 27, 2023 at 1:08 PM PST. Felony DUI causing death Five years (after release from prison) As you can probably tell, if you commit felony DUI, you are going to lose your license while incarcerated. 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. 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. 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; The more we can challenge the prosecutions case, the better deal we may be able to bring to our client. The mandatory minimum sentence cannot be reduced, suspended, or replaced with probation. FACING A 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. protect themselves against conviction. Motor Vehicle Accidents. Felony DUI with Great Bodily Injury A felony DUI is most serious, and you should retain experienced DUI defense counsel as quickly as possible after being charged. Ultimately, it will be your decision whether to accept any plea offer or to take the case to trial. Penalties for Felony DUI with Great Bodily Injury 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. If the individuals BAC was between 0.10 and 0.159 percent, the period of incarceration increases to between two and six years. Consecutively implies that each counts sentences must be served in order. 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. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. People who have questions about these issues should consult with an attorney. You may be able to call into question the validity of any blood or breath alcohol test results, and you may argue that distraction, or another factor contributed to the negligence. A criminal record that cannot be expunged. Felony charges usually The prosecutor must also prove that the defendants negligence while driving was the proximate cause of another persons injury or death. These penalties may be enhanced for higher blood alcohol content levels. 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 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. Thus, it takes more than evidence of the defendant being intoxicated at the time of the accident. Up to 10 years in prison. 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). Call Today | Free . These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. 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. In South Carolina, having a drivers license is treated as implied permission to be checked if you are arrested by the police. the influence (DUI) of drugs or alcohol are at risk of facing harsher (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. be charged with felony DUI. 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. another person. In South Carolina, a felony DUI is a serious crime. Further, when a defendant has a history of DUIs and DUACs, a DUAC will count as a DUI to enhance a sentence. 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. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. or impairment of a function of any body part of a victim. to any part of a person's body. The difference between the two is whether another person has suffered injury or death. Some links within the THE BATEMAN LAW FIRM website may lead to other sites. For every fine that is paid as part of a felony DUI sentence, 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. 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. Is a DUI a Misdemeanor or a Felony in South Carolina? 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 contrast to DUI, if a person is guilty of causing substantial bodily harm or death to a victim, the penalty for felony DUI is increased. drivers license is suspended for the term of imprisonment plus three years. 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. 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. Reckless Vehicular Homicide Penalties Reckless vehicular homicide is a felony in South Carolina. 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. The materials on this website may not reflect the most current legal developments, verdicts or settlements. against you. The state will also charge an individual with felony DUI if the offense is the individuals third or subsequent DUI within 10 years. But court appearances, fines, and fees are likely. Clients may be responsible for costs in addition to attorneys fees. Is it Possible for Me to Apply for a DUI Expungement in South Carolina?