South Carolina Criminal Defense Attorney | Over 25 Years Experience. Our site doesnt create an attorney-client relationship and it isnt intended for detailed legal advice. 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. The extent of injuries to a victim can influence the seriousness of the crime. In South Carolina, having a drivers license is treated as implied permission to be checked if you are arrested by the police. This website is meant to provide meaningful information, but does not create an attorney-client relationship. 2) The defendant acted negligently because of the alcohol or drugs (e.g. 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. Jessica Zimmer is a journalist and attorney based in northern California. Therefore, a felony DUI differs from a DUI in both the proof of the offense and the penalties for a conviction. 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. Based on this failure, our client was offered a plea to reckless driving. What happens when you get a DUI (an arrest and conviction for drunk driving) depends on what state you live in. Drivers convicted of felony DUI can face the penalties listed below. Class D Felony: Under class D South Carolina felonies, the felon will be fined about $100,000 or 15 years of imprisonment or both. South Carolina law states that when a drunk driver causes the death or great bodily injury of another person, he or she has committed a felony. 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. According to South Carolina law, an intoxicated driver who causes serious bodily harm or the death of another person has committed a crime. Why? Get More! What Happens if I Get a DUI on Federal Property in South Carolina? These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. A second defense option is that although you were intoxicated, this did not cause the accident. This requirement can last for anywhere Copyright 2023 Futeral & Nelson, LLCAll Rights Reserved In addition to a criminal record, motorists charged with and convicted of driving under the influence (DUI) face up to a month in jail and nearly $1,000 in fines. As you can see, judges have little sentencing discretion in felony DUI cases. Legal Beagle: What Will My Probation Officer Do If I Fail an Alcohol Test? The attorney listings on this site are paid attorney advertising. 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. The 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. DUIs are serious business, especially when talking about a Felony DUI charge. DUI offenses where there was a fatality carry $10,100 to $25,100 and one to 25 years in prison. Dont leave your future to chance. For every fine that is paid as part of a felony DUI sentence, If your BAC is over the legal amount, you will receive points on your record, and your license will be terminated or withheld if you are convicted of a felony DUI in South Carolina. Further, a drunk driving conviction is a permanent part of someones criminal record, which can create problems when it comes to finding suitable housing and employment. 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. 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. 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 . Was under the influence of alcohol, drugs, or a combination of alcohol and drugs. 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; An official can use this rule, known as implied consent, to examine you if they believe you of drunken driving. Law enforcement will search your vehicle for bar receipts or other evidence of drinking. Our law defines great bodily injury as 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. So it may not take much for a DUI crash to result in a felony DUI charge. She has not been formally convicted, though she will likely face penalties on a civil and criminal level. (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 When does a DUI become a felony in South Carolina? has had. The prosecutor must also prove that the defendants negligence while driving was the proximate cause of another persons injury or death. 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 . Duncan Smith is a first time offender with a clean record. The cases are usually complex and they receive coverage from local media. 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. 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. the client is someone accused of DUI for the Website Design by JustLegal Marketing, DUI Defense in Charleston, South Carolina, Frequently Asked Questions About DUI in South Carolina. The penalties for a DUAC are roughly the same as for a 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. 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. SC Supreme Court Issues Order To Counties To Expedite DUI DUAC Dockets. led to another person's death. also important to note that repeat felony DUI offenders (or repeat offenders The court cannot suspend the sentence in either case, and probation is not an option. Serious bodily injury or death changes everything as we will explain further below. drivers license is suspended for the term of imprisonment plus three years. 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," . One of the most frequent questions we are asked by new DUI clients is whether a DUI charge is a felony or a misdemeanor. There is no current provision under the law to ever have a DUI expunged from your record. 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. The Department of Motor Vehicles must suspend the drivers license of a person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include a period of incarceration plus three years for a conviction of Section 56-5-2945 when great bodily injury occurs and five years when a death occurs. 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). She was released on a $100K bond and requirement to wear an alcohol monitor to track consumption. In many cases, the defense will need to retain additional experts to provide consultation and testimony regarding the breath test, blood samples, medical records, field sobriety tests, or any other issue that could be disputed at trial. (843) 232-0944. . JOHNS ISLAND, SC - An illegal alien is facing charges after a 76-year-old woman was killed and eight others were hurt in a DUI crash in South Carolina Saturday evening. Published: Jan. 27, 2023 at 1:08 PM PST. The penalties for felony DUI differ depending on the number of DUIs the defendant has committed and the reason they were charged. Read More: How to Get a DUI Removed From Your Driving Record. In percentage based cases, fees are calculated prior to deducting costs. And it costs Americans more than $44 billion annually. Examples of crimes that come under class D felony are felony drunk . 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. Read More: How to Know If a DUI Is on Your Record. 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. 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.. The 15th . What Are the Implications of a DUI in South Carolina? Code, 56-5-2930. from two years following the individual's license suspension to an entire 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. Motor Vehicle Accidents. All Rights Reserved. Involuntary manslaughter is defined as the unintentional killing of a person during the commission of an unlawful act. The widely-publicized arrest of Henry . South Carolina Code of Laws 56-5-2945) defines great bodily injury as any bodily injury that either causes great DISCLAIMER: The materials on this website are made available by THE BATEMAN LAW FIRM for informational purposes only and are not legal advice. ** By Kent Collins Law Firm. DUIs involving great bodily injuries or deaths are felonies. To get the full experience of this website, A third or subsequent DUI is a Class F felony, punishable by not more than five years of incarceration. In 2020, there were 11,654 people killed in these preventable crashes. penalties than those who receive misdemeanor DUI charges. 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. person's life. Because of this, you will need a felony DUI defense lawyer who has experience investigating, negotiating, and trying felony DUI cases to maximize your chances of getting your case dismissed, negotiating a reasonable plea offer, or winning your case at trial. Technically yes, but then the police will take you to the hospital and have your blood drawn. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. If only their drive to come into this country was matched by a respect for law and order. 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. The . Nevertheless, if alcohol and/or drugs play any role, this first element is satisfied for a felony DUI. running a stop light) 3) The negligent behavior caused the accident, resulting in death. that involved a driver whose blood alcohol concentration (BAC) was at The 23-year-old was charged with a felony DUI in connection with the incident. What Happens After A DUI Arrest in Greenville, SC? . For example, if you were on prescription medications that impaired your ability to drive, but you were unaware of this impairment, then it may not be appropriate to face criminal charges. 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. 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. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. 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. With a BAC between 0.10 and 0.159 percent, the period of incarceration increases to between 90 days and four years, and the fine increases to between $5,000 and $7,500. 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. Law enforcement officers report that the woman struck an SUV, which veered off the road and overturned. or impairment of a function of any body part of a victim. There were also 65 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. People who have questions about these issues should consult with an attorney. People make bad decisions, and terrible things happen. 28.1. 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. **Clients may be responsible for costs in addition to attorneys fees. Former "American Idol" contestant Caleb Kennedy has been charged with a felony DUI after a fatal crash in his home state of South Carolina. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. (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. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems. 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. A mandatory charge of up to $25,100 and up to 25 years in jail for causing a death. A felony is a crime that, if an individual is convicted, is punishable by a prison sentence of over one year. apply when a DUI offense has led to serious physical harm or death of $100 will be reserved for use by the Department of Public Safety for the In all states except New York, New Jersey, and Wisconsin, a first-time conviction for driving under the influence is a misdemeanor 1 and can result in jail time, significant fines, and the loss of driving privileges. Not to mention, law enforcement and prosecutors often times receive pressure from the victims and or their families. A law enforcement investigation determined that A.J.'s death was caused by Nelson's act of attempting to cross the highway with A.J. The state will also charge an individual with felony DUI if the offense is the individuals third or subsequent DUI within 10 years. The fine increases to between $7,500 and $10,000.