Finally, a lack of knowledge of impairment could be a valid defense in your case. 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. In most states, repeated DUI offensestypically, beyond a secondare charged as felonies. Jessica Zimmer is a journalist and attorney based in northern California. The act or neglect caused great bodily injury or death to another person. 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. under unsafe conditions. But if a driver has three or more prior DUI convictions within the past ten years, the current offense (third or subsequent) will be a felony. Legal Beagle: How to Know If a DUI Is on Your Record, Legal Beagle: How to Get a DUI Removed From Your Driving Record. 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 fact, on average over the 10-year period from 2011-2020, about 10,500 people died every year in drunk-driving crashes. Such materials are for informational purposes only and may not reflect the most current legal developments. In every felony DUI case, we also have to deal with the victim or the victims family who often want justice. As you can see, theyre typically higher profile cases. 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. Highway Patrol, according to South Carolina law. 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 Here are some of the circumstances that can result in felony DUI charges in South Carolina. We provide representation in the following practice areas-local and state criminal law, dui defense, domestic violence, felony crimes, juvenile defense, drug charges, assault & battery, criminal sexual conduct, property crimes, white collar crimes and personal injury law. First offense : $400 fine or a minimum of 48 hours to 30 days in jail. Fifth Judicial Circuit Solicitor's Office. 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. Reckless Vehicular Homicide Penalties Reckless vehicular homicide is a felony in South Carolina. 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. 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. drivers license is suspended for the term of imprisonment plus three years. What is the South Carolina Ignition Interlock Device Program? However, a conviction or plea will result in a permanent criminal record. (AL Code Title 32, Ch. What is the Difference Between a Felony and a Misdemeanor? 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 other three charges are felony DUI resulting in great bodily harm. When the following proof exists, a DUI becomes a felony DUI in South Carolina: Causing serious bodily injury Causing death to another person The driver committed one or more traffic violations, and The driver's actions were the direct cause of another's permanent bodily harm or death 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. For a DUI case, the prosecution must prove that a person drove while under the influence of alcohol, drugs, or both, to the extent that the persons faculties to drive a motor vehicle are materially and appreciably impaired. For a felony DUI, the prosecution must prove: (1) a person was driving under the influence of alcohol, drugs, or both; (2) while driving the person did any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle; and (3) the act or neglect caused great bodily injury or death to a person other than the driver. Under 21 Alcohol-Impaired Driving Fatalities. Further, prior results do not guarantee a similar outcome. 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. The man was found guilty of two felony DUI charges one resulting in death and another causing great bodily injury. Call Today | Free . They try hard to find other witnesses who can testify to impaired driving. 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. By: Jessica Zimmer. 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 . Not to mention, law enforcement and prosecutors often times receive pressure from the victims and or their families. lifetime, depending on how many previous offenses the convicted person 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.. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Kent Collins Law Firm607 South Lake DriveLexington, SC 29072. In early September of this year, a 23-year-old woman was driving eastbound on Interstate 26 near Lexington, South Carolina. What Happens Now? His BAC was 0.12, which a male can reach on just 3 or 4 beers in some cases. that involved a driver whose blood alcohol concentration (BAC) was at 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. Nelson was charged with second-degree vehicular homicide and a pedestrian crossing violation. (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. The lawyer can determine whether any of the prior convictions will count to enhance the defendants sentence. 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. 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 information is not intended to create, and receipt Apr 18, 2013 | DUI & DWI, Felony DUI, Uncategorized. Here are some examples: These are just a few examples of how drinking and driving can turn someones life upside down in a matter of seconds. 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.. Ultimately, it will be your decision whether to accept any plea offer or to take the case to trial. After release from prison, ignition interlock device (IID) requirements (three years if great bodily injury and five years if death), and. 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," . The defendants negligence was the proximate cause of great bodily injury or death to another person. 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. Many people will have to obtain a SR-22 insurance certificate when they want to have their licenses reinstated. There are several factors that will immediately elevate a misdemeanor DUI to become a felony charge. In addition, a driver who leaves the scene of an accident may also have his license suspended. For more information, please read our article on bond hearings in South Carolina. Felony DUI with Great Bodily Injury 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. If convicted, this offense has a maximum sentence of ten years in state prison along with up to $10,000 of fines. 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? Serious bodily injury or death changes everything as we will explain further below. by Mandy Matney October 20, 2020. | Privacy Policy, 3 Factors That Can Lead To A Felony DUI In South Carolina. The court is not allowed to suspend any part of a mandatory sentence, meaning 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. 10) Why? SC Code 56-5-6190 says that It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this State declared to be a felony., SCs DUI statutes, found in SC Code 56-5-2930, do not specify whether a conviction is a felony offense or a misdemeanor offense, and DUI 1st, 2nd, 3rd, 4th, or subsequent offenses are misdemeanor offenses because they are not declared to be a felony in Chapter 5 or by any other law of this State.. another person. The state will also charge an individual with felony DUI if the offense is the individuals third or subsequent DUI within 10 years. 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. 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. below the legal limit. The man assisted the other driver financially while he recovered. ** By Kent Collins Law Firm. A felony DUI is most serious, and you should retain experienced DUI defense counsel as quickly as possible after being charged. Penalties for Felony DUI with Great Bodily Injury The extent of injuries to a victim can influence the seriousness of the crime. 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 Download Our Free Book on South Carolinas DUI Laws. What Should I Know About Facing A Felony Charge? These jail requirements are mandatory and cannot be suspended or substituted for probation. The person is charged with a felony if their injuries cause significant bodily harm; for example, if their injuries cause a substantial risk of death, they may . Statute. They are more likely to subpoena your credit card statement to look for charges made at bars or restaurants. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Get More! In percentage based cases, fees are calculated prior to deducting costs. In South Carolina, a felony DUI resulting in death is punishable by up to 25 years in prison. Having 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. Code, 56-5-2945. please update to most recent version. Anyone who is facing a DUI charge should take building a defense seriously. 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. 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. Fact checked by. Also, the DMV must suspend the convicted person's driver's license for the term of imprisonment plus three years. Mandatory imprisonment ranging from 1 year to 25 years in state or federal prison. Were licensed in South Carolina. What Are the Common DUI Tests in Columbia, SC? 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. Drivers convicted of felony DUI can face the penalties listed below. 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. first time or someone accused for a 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. For those individuals who want to read the actual statute for themselves, it is reproduced below, in relevant part: SECTION 56-5-2945. Below are links to hit and run state laws. case or situation. 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. 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. 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. Anyone convicted of a felony DUI is likely to spend significant time in jail. A person is not eligible for a diversion program like DUI Treatment Court if they plead guilty to a violent crime. South Carolina DUI. 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. all traffic fatalities in the state for that year. A Spartanburg woman has been charged with Felony DUI causing death after a crash that killed a man. In 2020, there were 11,654 people killed in these preventable crashes. SC Code 56-5-2945 contains the elements of the offense of felony DUI in SC. Up to 10 years in prison. The penalties for conviction of a felony DUI depend on whether there was a great bodily injury or a death. Fortunately, a regular DUI charge is only a misdemeanor. 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. In other states, the technical term for a DUAC would be a per se DUI. Former "American Idol" contestant Caleb Kennedy has been charged with a felony DUI after a fatal crash in his home state of South Carolina. What we can promise is that we will fight the case early on from any angle we can. These deaths made up 31% of total traffic The widely-publicized arrest of Henry . The difference between the two is whether another person has suffered injury or death. One lastcaveat: the local prosecutor can elect to charge someone with either felony DUI or , in the alternative, involuntary manslaughter or even reckless homicide. *, License Reinstatement After DUI in South Carolina, 6 Most Common DUI Myths in South Carolina. However, a DUI can be charged as a felony in South Carolina if the driver causes great bodily injury or death to another person. 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. DUI offenses where there was a fatality carry $10,100 to $25,100 and one to 25 years in prison. be charged with felony DUI. Copyright 2023 Futeral & Nelson, LLCAll Rights Reserved 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. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. 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. As a result of the incident, a 21-year-old died from her injuries. or above the legal limit of 0.08%. has had. **Clients may be responsible for costs in addition to attorneys fees. When the South Carolina Department of Motor Vehicles determines that an individual is a habitual offender, it must revoke or suspend that persons drivers license. DUI 1st, 2nd, 3rd, 4th, or subsequent offenses are classified as misdemeanors. The Highway Patrol MAIT team will conduct their own investigation but, in many cases, it will be critical that the defense retain an independent accident re-constructionist to determine the circumstances and cause of the accident. In most situations, a DUI conviction will be 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 15th . 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. But, if a case involves certain aggravating factors, a DUI can be charged as a felony. Kent Collins Law Firm is located in Lexington, SC. What happens when you get a DUI (an arrest and conviction for drunk driving) depends on what state you live in. The court cannot suspend the sentence in either case, and probation is not an option. 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. DUI Treatment Court involves attending substance abuse support group meetings, random drug and alcohol testing, appearing in DUI Treatment Court regularly and securing employment. It is The cap for commercial drivers is 0.04 %. If a person has pleaded guilty or been charged and convicted of felony DUI, the judge must determine the required penalty. 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. chances of avoiding conviction. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. Under this law, your blood alcohol concentration (BAC) may even be below the 0.08% presumptive level. Check out our featured videos for some legal advice from our attorneys! 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. What Will My Probation Officer Do If I Fail an Alcohol Test? How to Get a DUI Removed From Your Driving Record, South Carolina Department of Public Safety: SC Laws Relative to Impaired Driving, South Carolina Code of Laws: Title 56, Motor Vehicles, Chapter 5, Uniform Act Regulating Traffic on Highways, South Carolina Department of Public Safety: Alcohol and Impaired Driving, South Carolina Code of Laws: Title 56, Motor Vehicles, Chapter 1, Driver's License, Fifth Judicial Circuit Solicitor's Office: DUI Treatment Court Program, South Carolina Code of Laws: Title 16, Crimes and Offenses, Chapter 1, Felonies and Misdemeanors, Accessories, Legal Beagle: South Carolina DUI Laws, Fines & Penalties, Legal Beagle: The Pros & Cons of a Standard DUI. Nevertheless, if alcohol and/or drugs play any role, this first element is satisfied for a felony DUI. Can You Get a DUI for Prescription Drugs? 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. Because the impaired driver broke no other law and breached no other legal duty. 803-746-4302. What Are The Consequences Of Driving Under The Influence In South Carolina? 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. South Carolina considers involuntary manslaughter a Class F felony . Get Morris! Even a first offense could lead to a license suspension of six months. In the case of repeated offenders of misdemeanors, imprisonment for felon will be extended for 2 years and for six years in the case of felony. Code, 56-5-2933 (see above link) Felony DUI S. Car. A charge of felony DUI can be brought against a driver if another person suffered great bodily injury or death in the accident. A habitual traffic offender is an individual who has accumulated three qualifying driving-related offenses within a three-year period. $100 will be reserved for use by the Department of Public Safety for the Law enforcement officers report that the woman struck an SUV, which veered off the road and overturned. Minimum $10,000 and maximum $25,000 mandatory fine. It takes more than proving that this is what caused the accident. National. What are the Penalties for a Felony DUI in South Carolina? In brief, there are four statutory crimes: Driving under the influence causing impairment S. Car. Proximate causationbasically means legal causation, not factual causation, that will be recognized for a certain purpose. (843) 232-0944. . This means that housing and employment opportunities could be denied, as could educational opportunities and much more. If guilt is established (often through the defendant's own plea or after a jury trial ), the penalty will depend on state law . For every fine that is paid as part of a felony DUI sentence, 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.