If an individual has a BAC of at least 0.05 percent, but less than 0.08 percent, their BAC level may be considered together with other evidence to determine if they were driving under the influence. 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? Convicted motorists face up to ten years in prison and/or $1,000 to $5,000 in fines. please update to most recent version. Get More! A fourth or subsequent DUAC is a Class F felony, according to SC Code of Laws 16:1. 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. After release from prison, ignition interlock device (IID) requirements (three years if great bodily injury and five years if death), and. An administrative suspension for an underage driver for driving with a BAC between 0.02 and 0.079 percent does not count as a prior DUI. In March 2014, a man was sentenced to 10 years after he ran into the back of a car on the Cooper River Bridge and killed the other driver. 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. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. SCs DUI laws are found in Article 6, Chapter 5 of the SC Code. Felony DUI with Great Bodily Injury Once a person has finished their jail sentence, the persons drivers license is suspended for 3 years (if great bodily injury) or 5 years (if death). Or, fill out our online form to set up a free, no-strings-attached consultation. NOTICE ! or viewing does not constitute, an attorney-client relationship. Police: Illegal Alien Killed 76-Year-old Philanthropist in Drunk Driving Crash. In most states, including South Carolina, the offense of driving under the influence (DUI) is a misdemeanor. 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.. Under the law, for example, taking your eyes off the road for an instant to change radio stations is technically reckless driving.. For example. running a stop light). Therefore, a felony DUI differs from a DUI in both the proof of the offense and the penalties for a conviction. The 15th . South Carolina Criminal Defense Attorney | Over 25 Years Experience. Fortunately, a regular DUI charge is only a misdemeanor. The state will also charge an individual with felony DUI if the offense is the individual's third or subsequent DUI within 10 years. Felony DUI. 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. Unlawful driving by a habitual offender resulting in death is a Class C felony, punishable by not more than 20 years of incarceration. There is good news, though. 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. For more information, please read our article on bond hearings in South Carolina. **Clients may be responsible for costs in addition to attorneys fees. 949. 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. People make bad decisions, and terrible things happen. People who have questions about these issues should consult with an attorney. Nov 1, 2017 | Criminal Defense, DUI | 0 comments. What Happens Now? Below, we will look at the types of DUIs in SC that are considered felony offenses and the elements of the two types of felony DUI. 2020 Robert J. Reeves P.C. Further, prior results do not guarantee a similar outcome. If a person has pleaded guilty or been charged and convicted of felony DUI, the judge must determine the required penalty. The other driver was at fault. 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. 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. DUI offenses where there was a fatality carry $10,100 to $25,100 and one to 25 years in prison. by Mandy Matney October 20, 2020. Is it Possible for Me to Apply for a DUI Expungement in South Carolina? Contact a South Carolina Criminal Defense Attorney Today 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 fine of $5,100 to $10,100 may also be imposed. The penalties for felony DUI differ depending on the number of DUIs the defendant has committed and the reason they were charged. In percentage based cases, fees are calculated prior to deducting costs. There are multiple options for defense. He could have faced a sentence as long as 25 years for a fatal DUI. 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. Not to mention, law enforcement and prosecutors often times receive pressure from the victims and or their families. penalties they can lead to and how defendants can take action to better What Are South Carolinas Habitual Offender Laws? Fact checked by. 1104 North Oak StreetMyrtle Beach, SC 29577Driving Directions, 1314 2nd AvenueConway, SC 29526Driving Directions, Designed by Elegant Themes | Powered by WordPress. 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. Drunk Driving. The man assisted the other driver financially while he recovered. 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. 2) The defendant acted negligently because of the alcohol or drugs (e.g. 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. A South Carolina DUI auto accident resulted in a tragic loss of life and felony charges for one driver. The widely-publicized arrest of Henry . or above the legal limit of 0.08%. We serve areas in South Carolina (SC), including the following areas: Lexington, Columbia, Richland, Kershaw, Edgefield, Saluda, Orangeburg, Calhoun, Newberry, Laurens, Greenwood and Aiken. Call Today | Free Consultation. An individual charged with a felony DUI may be eligible to complete DUI Treatment Court, according to the Fifth Judicial Circuit Solicitor's Office. meaning the driver had alcohol in his or her system but was technically Fighting Felony DUI in Columbia, SC. What Are the Consequences for a Third DUI in Florida? If the individuals BAC was between 0.10 and 0.159 percent, the period of incarceration increases to between two and six years. 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 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. in December 2012. | 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. (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. are serious repercussions that can create major negative impacts on a 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.. This article discusses the various DUI crimes 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. retain a knowledgeable attorney you can trust. 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 South Carolina, having a drivers license is treated as implied permission to be checked if you are arrested by the police. Mandatory imprisonment ranging from 1 year to 25 years in state or federal prison. Because the impaired driver broke no other law and breached no other legal duty. Or, in single vehicle accident cases, you can face prison time if your passenger is seriously hurt or dies. 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. SC Supreme Court Issues Order To Counties To Expedite DUI DUAC Dockets. Generally, a DUI-related homicide conviction only requires proof that the driver was: driving while under the influence of drugs or alcohol, and; caused the death of another person. One of the most frequent questions we are asked by new DUI clients is whether a DUI charge is a felony or a misdemeanor. If (in the same crash) some other victims are serious injured) and DUI-related serious bodily injury victims can add 1 to 15 years. As you can see, judges have little sentencing discretion in felony DUI cases. Even a first offense could lead to a license suspension of six months. An official can use this rule, known as implied consent, to examine you if they believe you of drunken driving. An individual with a history of DUI cases and at risk of a new DUI conviction should consult a defense lawyer. influence resulting in death," after driving a 2011 . 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. And those are just the criminal consequences, because a DUI record will also result in higher . But, if a case involves certain aggravating factors, a DUI can be charged as a felony. What Happens If a South Carolina Driver Gets a DUI in Another State? It is What is the Difference Between a Felony and a Misdemeanor? 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. The separate offense of felony DUI, however, specifically makes a conviction a felony offense because the statute says it is a felony. It was to blame for 29% of motor vehicle fatalities in 2015, according to the latest data from the National Highway Traffic Safety Administration. 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. Ultimately, it will be your decision whether to accept any plea offer or to take the case to trial. Legal Beagle: How to Know If a DUI Is on Your Record, Legal Beagle: How to Get a DUI Removed From Your Driving Record. | Privacy Policy, 3 Factors That Can Lead To A Felony DUI In South Carolina. He was charged with felony DUI but pled to reckless homicide. Motor Vehicle Accidents. 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. also important to note that repeat felony DUI offenders (or repeat offenders In early September of this year, a 23-year-old woman was driving eastbound on Interstate 26 near Lexington, South Carolina. Statute. 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. SPARTANBURG, S.C. (FOX Carolina) - The 7th Circuit Solicitors Office announced that a Spartanburg man recently pleaded guilty to a 2020 DUI crash that . 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. 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. Alabama. 26.3. 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. 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. According to South Carolina law, an intoxicated driver who causes serious bodily harm or the death of another person has committed a crime. Nevertheless, if alcohol and/or drugs play any role, this first element is satisfied for a felony DUI. In South Carolina, felony DUI is the bodily injury or the death of another person. All Rights Reserved. DUI Treatment Court involves attending substance abuse support group meetings, random drug and alcohol testing, appearing in DUI Treatment Court regularly and securing employment. Code, 56-5-2933 (see above link) Felony DUI S. Car. Unlawful driving by a habitual offender resulting in great bodily injury is a Class E felony, punishable by not more than 10 years of prison time. 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 . If you wish to know more about felony DUI in South Carolina, contact our expert attorneys today. 28.1. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. Nelson was charged with second-degree vehicular homicide and a pedestrian crossing violation. Law Office of James R. Snell, Jr., LLC provides a more in-depth overview of felony DUI charges, the potential The man was found guilty of two felony DUI charges one resulting in death and another causing great bodily injury. South Carolina DUI. Consequently, we will outline what the law provides and then show you the actual statute for your own review. Rhode IslandDUI/DWILaws, Fines & Penalties, South Carolina DUI Laws, Fines & Penalties, violation of South Carolinas zero tolerance law. is not a lesser-included offense of felony DUI causing death, but is a distinct offense requiring proof of different elements." In other words, "[s]pecifically, reckless homicide," . 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. The prosecutor must also prove that the defendants negligence while driving was the proximate cause of another persons injury or death. In every felony DUI case, we also have to deal with the victim or the victims family who often want justice. Felony charges usually SC Code 56-5-2945. by Futeral & Nelson, LLC | DUI Attorney, DUI Defense in Charleston, South Carolina. 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. These driving-related offenses can be classified as infractions (also called "violations"), misdemeanors, and felonies. 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. One of the essential factors the law addresses when enacting criminal penalties is the severity of the offense. The person who is convicted of this crime must also surrender their license for five years beyond their period of incarceration. Circuit Court Judge Michael. from two years following the individual's license suspension to an entire Mr. Jeffcoat strives to keep all his clients informed at all stages of their case. Three of the felony charges are DUI resulting in death. 1 Getting a DUI can also result in negative consequences for your relationships, job, social life, finances, and mental health. 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. Proximate causationbasically means legal causation, not factual causation, that will be recognized for a certain purpose. 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
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