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. This scenario would certainly qualify for a felony DUI. This is a sensitive matter, and you should avoid giving any statements without speaking to an experienced DUI attorney in South Carolina. An individual charged with a felony DUI may be eligible to complete DUI Treatment Court, according to the Fifth Judicial Circuit Solicitor's Office. 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. A person is not eligible for a diversion program like DUI Treatment Court if they plead guilty to a violent crime. 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. Felony DUIs carry mandatory sentences, and having a felony conviction on your record can negatively impact virtually all aspects of your life. In general, traffic felonies usually include a monetary fine as well as a prison sentence. 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. Reckless Vehicular Homicide Penalties Reckless vehicular homicide is a felony in South Carolina. If the kid is seriously wounded or killed, the conviction will then become a criminal. 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 . 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. 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. 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 . 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. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. protect themselves against conviction. Will I Keep My License If My DUI Charge Is Reduced? For felony DUI in South Carolina with great bodily harm, they must have an ignition interlock system on their vehicle for three years, and for felony DUI with death, they must keep it for five years. 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. first time or someone accused for a South Carolina considers involuntary manslaughter a Class F felony . The extent of injuries to a victim can influence the seriousness of the crime. There are a number of administrative penalties that may be assigned to someone who has been convicted of a felony DUI. 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. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems. There are several factors that will immediately elevate a misdemeanor DUI to become a felony charge. all traffic fatalities in the state for that year. South Carolina automatically categorizes a person's third DUI offense as a felony. This voluntary assistance likely helped the judge accept the lower-than-usual sentence. The penalties for conviction of a felony DUI depend on whether there was a great bodily injury or a death. (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. The state will also charge an individual with felony DUI if the offense is the individuals third or subsequent DUI within 10 years. You may be in one of the most difficult places of your life as you face felony DUI charges resulting in death in South Carolina, but things can get much brighter with the right legal representation. Under the law, for example, taking your eyes off the road for an instant to change radio stations is technically reckless driving.. What Are South Carolinas Habitual Offender Laws? Was under the influence of alcohol, drugs, or a combination of alcohol and drugs. Penalties for Felony DUI. Giving a breath sample has its advantages because we may be able to show errors in the testing process or problems with the machine. 7031 Koll Center Pkwy, Pleasanton, CA 94566. What Are the Implications of a DUI in South Carolina? What Happens Now? Call us today for dedicated legal assistance! These charges are legally vague and can apply to many typical driving situations. He was charged with felony DUI but pled to reckless homicide instead. There is no current provision under the law to ever have a DUI expunged from your record. California. Drunk Driving. Finally, a lack of knowledge of impairment could be a valid defense in your case. 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. 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. **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. chances of avoiding conviction. Read More: South Carolina DUI Laws, Fines & Penalties. You will be charged with a felony DUI if you've caused "great bodily injury" or death to a person other than yourself. This means that housing and employment opportunities could be denied, as could educational opportunities and much more. Felony charges are very serious and should not be taken lightly. 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. What happens when you get a DUI (an arrest and conviction for drunk driving) depends on what state you live in. 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; A driver can also be charged with felony DUI if his or her impaired driving The former "American Idol" contestant charged with DUI in a deadly crash in South Carolina will have another court hearing this morning. Our site doesnt create an attorney-client relationship and it isnt intended for detailed legal advice. The penalties for a DUAC are roughly the same as for a DUI. These jail requirements are mandatory and cannot be suspended or substituted for probation. 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 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. . 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. risk of death, or that causes "serious, permanent disfigurement" 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. a strong legal professional involved can greatly increase a defendant's According to South Carolina law, an intoxicated driver who causes serious bodily harm or the death of another person has committed a crime. A judge may provide for a sentence to be served upon terms and conditions that they consider proper, including weekend or nighttime service. Why? Persons should not act upon information on this site without seeking professional legal counsel. representation through each step of the criminal justice process. Driver's license is suspended for the term of imprisonment plus five years following release. 3) The negligent behavior caused the accident, resulting in death. Offenses include: DUI; reckless driving; any offense punishable as a felony under the motor vehicle laws of South Carolina or any felony in which a motor vehicle is used; voluntary manslaughter; involuntary manslaughter; or reckless homicide resulting from the operation of a motor vehicle. 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. Many people will have to obtain a SR-22 insurance certificate when they want to have their licenses reinstated. Consecutively implies that each counts sentences must be served in order. The exception to this rule is that a third DUI is a Class F felony, whereas a third DUAC is a Class A misdemeanor. 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. The longer you wait, the 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 . How Do Police Officers Perform A Sobriety Test In South Carolina? Get More! In most states, including South Carolina, the offense of driving under the influence (DUI) is a misdemeanor. be charged with felony DUI. 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 Whether you have been arrested or you are under investigation by law enforcement Fifth Judicial Circuit Solicitor's Office. If only their drive to come into this country was matched by a respect for law and order. (B) As used in this section, 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. (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. 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," . Just because you are charged with a . 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. There are additional costs for assessments and surcharges beyond the fine. Under South Carolina law, the penalty for involuntary manslaughter is up to five years' incarceration and a fine up to $25,000. Does a DUI Suspend Your Drivers License in South Carolina? In South Carolina, a felony DUI is a serious crime. Underage Drinking and Driving in South Carolina Zero Tolerance Law. Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities. The . 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. Also, the DMV must suspend the convicted person's driver's license for the term of imprisonment plus three years. The fine increases to between $7,500 and $10,000. People make bad decisions, and terrible things happen. The penalties for a fourth or subsequent DUI conviction generally depend on the driver's BAC. 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.. But, under South Carolina law a felony DUI defendant cannot refuse the breathalyzer or blood draw. What Are the Penalties for Driving with a Suspended License in South Carolina? And it costs Americans more than $44 billion annually. What Will My Probation Officer Do If I Fail an Alcohol Test? For a first, second, or third DUI, the driver will typically be facing misdemeanor charges. These Published: Jan. 27, 2023 at 1:08 PM PST. Call Today | Free Consultation. A mandatory charge of up to $25,100 and up to 25 years in jail for causing a death. 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. 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. 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. Ultimately, it will be your decision whether to accept any plea offer or to take the case to trial. 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 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). Kent Collins Law Firm is located in Lexington, SC. DUIs are serious business, especially when talking about a Felony DUI charge. Felony charges usually What is the Difference Between a Felony and a Misdemeanor? How Can a DUI in South Carolina, Affect Your Job Prospects, DUI CONVICTION AND PENALTIES IN SOUTH CAROLINA. South Carolina Criminal Defense Attorney | Over 25 Years Experience. 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. The mandatory minimum sentence cannot be reduced, suspended, or replaced with probation. However, a conviction or plea will result in a permanent criminal record. There are multiple options for defense. 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. This website includes general information about legal issues and developments in the law. A criminal record that cannot be expunged. 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. And those are just the criminal consequences, because a DUI record will also result in higher . The majority of people do not know the risk of being convicted for DUI. If (in the same crash) some other victims are serious injured) and DUI-related serious bodily injury victims can add 1 to 15 years. For more information, please read our article on bond hearings in South Carolina. What Are The Consequences Of Driving Under The Influence In South Carolina? The court cannot suspend the sentence in either case, and probation is not an option. What Happens After A DUI Arrest in Greenville, SC? penalties they can lead to and how defendants can take action to better Code, 56-5-2933 (see above link) Felony DUI S. Car. "great bodily injury" of another person, that individual will Police: Illegal Alien Killed 76-Year-old Philanthropist in Drunk Driving Crash. second or third time. 2) The defendant acted negligently because of the alcohol or drugs (e.g. 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. Duncan Smith is a first time offender with a clean record. 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.