We have seen them as low as $50,000. If (in the same crash) some other victims are serious injured) and DUI-related serious bodily injury victims can add 1 to 15 years. DUIs involving great bodily injuries or deaths are felonies. If you are convicted of causing great bodily injury or death while driving under the influence (felony DUI), you face: A mandatory fine of $5,100 to $10,100 ($21,119.50 with assessments and surcharges) and imprisonment from 30 days to 15 years when great bodily injury occurs. Most of the same defenses that are available in misdemeanor DUI cases are also available in a felony DUI case. In June 2014, a woman was sentenced in Charleston County to 17 years after her car crossed the center line, hit oncoming traffic, and killed the other driver. The law considers "great bodily injury" to include injuries that involve: a high risk of death 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. What Happens After A DUI Arrest in Greenville, SC? In South Carolina, there were 315 fatalities in 2011 Driving with an unlawful blood alcohol concentration S. Car. A DUI conviction will also lead to higher auto insurance premiums. Beyond that, the consequences the at-fault party faces are much greater in a . An organ or a body part is lost or impaired. What Happens if I Get a DUI on Federal Property in South Carolina? The term Driving With an Unlawful Alcohol Concentration refers to driving with a BAC of above 0.08 percent, according to SC Code of Laws 56:5. If you seriously injure or kill someone, that suspension will last for years after you are released from incarceration. running a stop light) 3) The negligent behavior caused the accident, resulting in death. retain a knowledgeable attorney you can trust. A charge of felony DUI can be brought against a driver if another person suffered great bodily injury or death in the accident. The transmission and receipt of information contained on the website do not form or constitute an attorney-client relationship. DUIs involving great bodily injuries or deaths are felonies. 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. Highway Patrol, according to South Carolina law. This information is not intended to create, and receipt Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. In 2020, there were 11,654 people killed in these preventable crashes. 1 Getting a DUI can also result in negative consequences for your relationships, job, social life, finances, and mental health. 30 days to 15 years mandatory imprisonment, in state or federal prison, not local jail. Fighting Felony DUI in Columbia, SC. 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. You may feel overwhelmed and out of hope, but the right criminal defense lawyer could make the difference. 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. This website is meant to provide meaningful information, but does not create an attorney-client relationship. Three of the felony charges are DUI resulting in death. For more information, please read our article on bond hearings in South Carolina. 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. If the victim was a child under the age of 16, the maximum sentence is life in prison. The other three charges are felony DUI resulting in great bodily harm. from two years following the individual's license suspension to an entire first time or someone accused for a Penalties for Felony DUI. A South Carolina DUI auto accident resulted in a tragic loss of life and felony charges for one driver. In most states, repeated DUI offensestypically, beyond a secondare charged as felonies. 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. It all depends on the facts of the case, the person, and who the bond judge is. If youre facing the very serious charges and implications of a felony DUI resulting in death, you need to take action right away. The driver will face one to five years in prison for a BAC of less than .10%, two to six years for a BAC of at least .10% to .15%, and three to seven years for a BAC of more than .15%. 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. $100 will be reserved for use by the Department of Public Safety for the In South Carolina, a felony DUI resulting in death is punishable by up to 25 years in prison. For now, just be aware how easy it is to find yourself in even more serious trouble if you take a chance and get behind the wheel after having a drink with dinner or beers with friends at the game. Talk to a DUI Defense attorney SC Code 56-5-2945. devices installed in their vehicles. Driving Under the Influence of Marijuana in South Carolina. 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. Felony charges are very serious and should not be taken lightly. The defendant is not charged with proving their own innocence, but with defending themselves against the prosecutions attempts to prove guilt. 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. Lots of states also have a form of vehicular homicide that applies when an impaired driver causes the death of another. It is What is a Felony DUI under South Carolina law? While there are ways to fight felony DUI charges, avoiding unnecessary consequences requires a strategic defense. A Spartanburg woman has been charged with Felony DUI causing death after a crash that killed a man. No part of the minimum sentence for a DUI offender may be suspended. Unlawful driving by a habitual offender resulting in death is a Class C felony, punishable by not more than 20 years of incarceration. *, License Reinstatement After DUI in South Carolina, 6 Most Common DUI Myths in South Carolina. drivers license is suspended for the term of imprisonment plus five years. 2) The defendant acted negligently because of the alcohol or drugs (e.g. 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. 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. are serious repercussions that can create major negative impacts on a Was under the influence of alcohol, drugs, or a combination of alcohol and drugs. In cases where there is great bodily injury, the driver faces between 30 days to 15 years in jail and a fine of $5,100 to $10,100. A mandatory charge of up to $25,100 and up to 25 years in jail for causing a death. 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. Under 21 Alcohol-Impaired Driving Fatalities. It takes more than proving that this is what caused the accident. It was to blame for 29% of motor vehicle fatalities in 2015, according to the latest data from the National Highway Traffic Safety Administration. Although impaired, the impairment was not the proximate cause of the crash. In 2011, there were 9,878 deaths nationwide Call (843) 232-0944 today. Class D Felony: Under class D South Carolina felonies, the felon will be fined about $100,000 or 15 years of imprisonment or both. In early September of this year, a 23-year-old woman was driving eastbound on Interstate 26 near Lexington, South Carolina. 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 . Caleb Andrew Kennedy, 17, from Roebuck, is charged. The cap for commercial drivers is 0.04 %. What Are the Implications of a DUI in South Carolina? It is a violation of South Carolinas zero tolerance law for an individual under the age of 21 to drive with a BAC of 0.02 percent or above. 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. Anyone convicted of a felony DUI is likely to spend significant time in jail. Whether you have been arrested or you are under investigation by law enforcement If the third offense occurs within five years of the first offense, the penalty increases to four years' drivers license suspension and four years' IID installation. This period of incarceration shall not include any portion of a suspended sentence such as probation, parole, supervised furlough, or community supervision. In the case of death, the jail sentence is between one to 25 years and the fine is between $10,100 to $25,100. A traffic felony may negatively impact a . Therefore, a felony DUI differs from a DUI in both the proof of the offense and the penalties for a conviction. drivers license is suspended for the term of imprisonment plus three years. He was charged with felony DUI but pled to reckless homicide. For example. 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. Total Alcohol-Impaired Driving Fatalities. What Happens Now? The statute describes the great bodily injury as an injury that results in one or more of the following: This crime carries a mandatory minimum sentence of 30 days in jail and a maximum sentence of 15 years. There is good news, though. DISCLAIMER: The materials on this website are made available by THE BATEMAN LAW FIRM for informational purposes only and are not legal advice. 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.. In some regards, defending a felony DUI is similar to defending a municipal or magistrate level DUI. In most states, including South Carolina, the offense of driving under the influence (DUI) is a misdemeanor. 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. Thus, it is essential to build a strong defense to the prosecutions claims. in December 2012. 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. No bond was set after police officers told the judge that. 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 widely-publicized arrest of Henry . In other states, the technical term for a DUAC would be a per se DUI. Convicted motorists face up to ten years in prison and/or $1,000 to $5,000 in fines. Sandra Jones is a repeat offender who was convicted of a DUI a year earlier. In the previous example, the impaired driver arguably would still not be charged with felony DUI because the other driver abruptly turned in front of an oncoming car and caused the accident. One of the essential factors the law addresses when enacting criminal penalties is the severity of the offense. Felony 30 days - 10 years jail time and$5,000 to $10,000 fine Death Felony 1-25 years jail time and$10,000 to $25,000 fine Can Cause You to Lose Your Driving Privileges Keep in mind that leaving the scene of an accident can also result in the immediate suspension of your driving privileges. People who have questions about these issues should consult with an attorney. 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. 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. In brief, there are four statutory crimes: Driving under the influence causing impairment S. Car. Jessica Zimmer is a journalist and attorney based in northern California. South Carolina Criminal Defense Attorney | Over 25 Years Experience. 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 . It may be that the accident was caused by another driver, and this could allow for the felony DUI charges to be dropped or reduced. Under this law, your blood alcohol concentration (BAC) may even be below the 0.08% presumptive level. Nelson was charged with second-degree vehicular homicide and a pedestrian crossing violation. Code, 56-5-2945. In the event that the hit and run accident resulted in the death of a victim, the liable party can be charged with a felony and receive a penalty of one year to 35 years imprisonment and a fine of $10,000 to $25,0000. Fact checked by. 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. 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. 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 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. The injury or death could be to the occupants of another vehicle, a pedestrian, or even the passengers in the defendants vehicle, but it must be an injury to another person if the defendant only hurt themselves in a crash, that is charged as an ordinary DUI. penalties they can lead to and how defendants can take action to better The lawyer can also determine whether the current felony DUI or DUAC charge could be reduced to a misdemeanor DUI. Penalties for a fourth or subsequent DUI include one year to five years of incarceration, completion of a state substance abuse treatment program, permanent drivers license revocation and permanent (lifetime) IID installation. Felony charges usually A driver can also be charged with felony DUI if his or her impaired driving Third offense : $ 3,800-6,300 fine and a minimum of 60 days to 3 years in jail. That charge will automatically become a felony if the child is seriously injured or killed. 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. 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 10,142. Is a DUI a Misdemeanor or a Felony in South Carolina? running a stop light). 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. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. meaning the driver had alcohol in his or her system but was technically CONWAY, S.C. (WMBF) - A North Carolina man will spend more than two decades in prison after being convicted of a deadly DUI crash in Horry County. This voluntary assistance likely helped the judge accept the lower-than-usual sentence. A person will typically be charged with a felony DUI when their decision to drive under the influence leads to property damage or great bodily injury or death to a person other than the driver. An individual is not eligible to complete the program if they have pending charges that would prevent completion of the program. If death occurs, the defendant will face a mandatory fine of $10,100 to $25,100 and 1-25 years in jail, as well as IID use for 5 years. What Should I Know About Facing A Felony Charge? **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. Whether the accident causes death or great bodily harm, the court cannot rule for probation nor can it suspend the case. Giving a breath sample has its advantages because we may be able to show errors in the testing process or problems with the machine. First offense : $400 fine or a minimum of 48 hours to 30 days in jail. The third element contains two prongs: proximate causation and great bodily injury. What do these phrases mean?