Offense of felony driving under the influence; penalties; great bodily injury defined. Anyone convicted of a felony DUI is likely to spend significant time in jail. 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. 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 state will also charge an individual with felony DUI if the offense is the individuals third or subsequent DUI within 10 years. 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 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. 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.. Your browser is out of date. 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. There were also 65 The cases are usually complex and they receive coverage from local media. However, a DUI can be charged as a felony in South Carolina if the driver causes great bodily injury or death to another person. No bond was set after police officers told the judge that. The defendants negligence was the proximate cause of great bodily injury or death to another person. person's life. The penalties for conviction of a felony DUI depend on whether there was a great bodily injury or a death. The other driver was at fault. As a result of the incident, a 21-year-old died from her injuries. Not to mention, law enforcement and prosecutors often times receive pressure from the victims and or their families. 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. Copyright 2023 Futeral & Nelson, LLCAll Rights Reserved 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. In percentage based cases, fees are calculated prior to deducting costs. California. This means that housing and employment opportunities could be denied, as could educational opportunities and much more. 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. There are a number of administrative penalties that may be assigned to someone who has been convicted of a felony DUI. That charge will automatically become a felony if the child is seriously injured or killed. 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. These 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. or above the legal limit of 0.08%. Underage Drinking and Driving in South Carolina Zero Tolerance Law. *, License Reinstatement After DUI in South Carolina, 6 Most Common DUI Myths in South Carolina. Fines can range from $500 to thousands of dollars depending on the circumstances and the jurisdiction. Penalties for causing great bodily injury as a result of impaired driving include 30 days to 15 years of incarceration, a fine of between $5,100 and $10,100 and completion of a state substance abuse treatment program. 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. SC Code 56-5-2945. This period of incarceration shall not include any portion of a suspended sentence such as probation, parole, supervised furlough, or community supervision. If the individual commits a third offense within 10 years of the first offense, the vehicle involved in the incident will be confiscated. 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. In some states, the information on this website may be considered a lawyer referral service. 1104 North Oak StreetMyrtle Beach, SC 29577Driving Directions, 1314 2nd AvenueConway, SC 29526Driving Directions, Designed by Elegant Themes | Powered by WordPress. A felony is a crime that, if an individual is convicted, is punishable by a prison sentence of over one year. There are multiple options for defense. If the individuals BAC was 0.16 percent or above, the period of incarceration increases to between three and seven years. Penalties for Felony DUI. The Although impaired, the impairment was not the proximate cause of the crash. Code, 56-5-2945. How Can a DUI in South Carolina, Affect Your Job Prospects, DUI CONVICTION AND PENALTIES IN SOUTH CAROLINA. DUIs involving great bodily injuries or deaths are felonies. Under South Carolina law, the penalty for involuntary manslaughter is up to five years' incarceration and a fine up to $25,000. Fines anywhere from $5,100 to $10,100 Minimum of 30 days in jail Potential sentence of up to 15 years in prison If you're under the influence and get into an accident causing the death of another person, these penalties are doubled: Fines of up to $25,100 Minimum of 1 year in jail Up to 25 years in prison document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Kent Collins Law Firm607 South Lake DriveLexington, SC 29072. drivers license is suspended for the term of imprisonment plus five years. All Rights Reserved. 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 Sandra Jones is a repeat offender who was convicted of a DUI a year earlier. Fighting Felony DUI in Columbia, SC. 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. What Are the Common DUI Tests in Columbia, SC? 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. Get in touch with Kent by phone at 803-808-0905 or use this form to reach him online to schedule your in-person consultation. 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. second or third time. Is it Possible for Me to Apply for a DUI Expungement in South Carolina? She has practiced in a wide variety of fields, including criminal defense, property law, immigration, employment law, and family law. Traffic offenses occur when motorists violate ordinances or state laws relating to the movement and control of traffic. It claims roughly 10,000 lives per year. The . There are several factors that will immediately elevate a misdemeanor DUI to become a felony charge. DUI 1st, 2nd, 3rd, 4th, or subsequent offenses are classified as misdemeanors. Under 21 Alcohol-Impaired Driving Fatalities. 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. When the individual successfully completes the program, the judge may dismiss the case or terminate the sentence so the defendant will not serve jail time. Giving a breath sample has its advantages because we may be able to show errors in the testing process or problems with the machine. What Happens After A DUI Arrest in Greenville, SC? Beyond that, the consequences the at-fault party faces are much greater in a . When death occurs. 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. In every felony DUI case, we also have to deal with the victim or the victims family who often want justice. The third element contains two prongs: proximate causation and great bodily injury. What do these phrases mean? Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities. Therefore, a felony DUI differs from a DUI in both the proof of the offense and the penalties for a conviction. These driving-related offenses can be classified as infractions (also called "violations"), misdemeanors, and felonies. The longer you wait, the Examples of crimes that come under class D felony are felony drunk . The separate offense of felony DUI, however, specifically makes a conviction a felony offense because the statute says it is a felony. more time law enforcement and prosecutors have to build a strong case 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. This is a sensitive matter, and you should avoid giving any statements without speaking to an experienced DUI attorney in South Carolina. The information on this website is for general information purposes only. Reckless Vehicular Homicide Penalties Reckless vehicular homicide is a felony in South Carolina. Call us today for dedicated legal assistance! 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. Apart from the potential for civil liability, a conviction for felony DUI carries harsh consequences in SC. 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. 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. . A Spartanburg woman has been charged with Felony DUI causing death after a crash that killed a man. If only their drive to come into this country was matched by a respect for law and order. 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. 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 . There is no current provision under the law to ever have a DUI expunged from your record. Or, in single vehicle accident cases, you can face prison time if your passenger is seriously hurt or dies. The transmission and receipt of information contained on the website do not form or constitute an attorney-client relationship. If the allegedly at-fault driver is convicted, the penalties are severe and the conviction will remain on the permanent criminal record of the defendant. all traffic fatalities in the state for that year. 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. What is a Felony DUI under South Carolina law? **Clients may be responsible for costs in addition to attorneys fees. Law enforcement, prosecutors, and judges take felony DUI charges seriously law enforcement will ordinarily conduct a more thorough investigation, felony DUI prosecutors are less likely to make a reasonable plea offer, and judges are more likely to give substantial prison time after a plea or conviction at trial. A person is not eligible for a diversion program like DUI Treatment Court if they plead guilty to a violent crime. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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. National. Accident Resulting in Death to the Victim. led to another person's death. Read More: What Will My Probation Officer Do If I Fail an Alcohol Test? **This website is meant to provide meaningful information, but does not create an attorney-client relationship. These jail requirements are mandatory and cannot be suspended or substituted for probation. The State of South Carolina will charge a third time DUI offense as a felony. 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. 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. But, under South Carolina law a felony DUI defendant cannot refuse the breathalyzer or blood draw. fatalities for the entire year, according to Class D Felony: Under class D South Carolina felonies, the felon will be fined about $100,000 or 15 years of imprisonment or both. 24 year old Destiny Mills was driving under the influence of alcohol, causing her to rear-end the vehicle of 21 year old Olivia Johnson, who was ejected from the vehicle and killed. An official can use this rule, known as implied consent, to examine you if they believe you of drunken driving.
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