There is no current provision under the law to ever have a DUI expunged from your record. 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. There were also 65 Or, in single vehicle accident cases, you can face prison time if your passenger is seriously hurt or dies. 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. **Clients may be responsible for costs in addition to attorneys fees. 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. please update to most recent version. 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 A judge may provide for a sentence to be served upon terms and conditions that they consider proper, including weekend or nighttime service. 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. 26.3. A felony is a crime that, if an individual is convicted, is punishable by a prison sentence of over one year. To get the full experience of this website, Law enforcement officers report that the woman struck an SUV, which veered off the road and overturned. 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. A driver can also be charged with felony DUI if his or her impaired driving Minimum $10,000 and maximum $25,000 mandatory fine. South Carolina DUI. A Greenwood, South Carolina, man has been sentenced to 13 years behind bars for a fatal collision that occurred back in 2014 when he was intoxicated. Further, when a defendant has a history of DUIs and DUACs, a DUAC will count as a DUI to enhance a sentence. Felony charges are very serious and should not be taken lightly. South CarolinaDUILaws, Fines & Penalties, VermontDUILaws: An Overview of the Laws, Fines and Penalties. **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. The South Carolina Court of Appeals then quoted at length from the recent case of State v. Lewis, S.C. , 467 S.E.2d 265 (Ct. App. The law states that the penalties for the charge includes imprisonment of up to half the time associated with the DUI charge and a fine of up to half the maximum fine associated with the DUI. 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. DUI offenses where there was a fatality carry $10,100 to $25,100 and one to 25 years in prison. the client is someone accused of DUI for the 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. If you have been charged with a felony DUI in the Myrtle Beach, Conway, Charleston, or Columbia areas, contact the South Carolina felony DUI defense attorneys at Coastal Law, LLC, today at (843) 488-5000 to find out how we can help. The separate offense of felony DUI, however, specifically makes a conviction a felony offense because the statute says it is a felony. 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. Understandably, given the intense negative media focus about the dangers of impaired driving, many assume a DUI arrest must be a felony, and they are potentially looking at prison time. that no portion of this sentence can be replaced with probation. first time or someone accused for a As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. Do Not Sell or Share My Personal Information, DUIs involving great bodily injuries or deaths, Do Not Sell or Share My Personal Information. Is it Possible for Me to Apply for a DUI Expungement in South Carolina? 10) In other states, the technical term for a DUAC would be a per se DUI. What Are South Carolinas Habitual Offender Laws? Fourth offense : Minimum of 1 year to 5 years in jail. from two years following the individual's license suspension to an entire 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. This scenario would certainly qualify for a felony DUI. In a felony DUI case, the prosecution must prove that: South Carolinas felony DUI law states that 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.. Reckless Vehicular Homicide Penalties Reckless vehicular homicide is a felony in South Carolina. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems. 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. Nelson was charged with second-degree vehicular homicide and a pedestrian crossing violation. Police: Illegal Alien Killed 76-Year-old Philanthropist in Drunk Driving Crash. 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. 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. 1 Getting a DUI can also result in negative consequences for your relationships, job, social life, finances, and mental health. Kent Collins Law Firm is located in Lexington, SC. Contact Coastal Law to discuss your situation. 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. Is A Dui A Felony In South Carolina If convicted of causing great bodily injury or death while driving under the influence (felony DUI), you will be fined $5,100 to $10,100, or face a sentence of up to ten years in prison, with assessments and surcharges added. 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. It claims roughly 10,000 lives per year. An individual is not eligible to complete the program if they have pending charges that would prevent completion of the program. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. That charge will automatically become a felony if the child is seriously injured or killed. When does a DUI become a felony in South Carolina? Underage Drinking and Driving in South Carolina Zero Tolerance Law. SC Supreme Court Issues Order To Counties To Expedite DUI DUAC Dockets. The crash occurred in Spartanburg, and troopers say that the 64-year-old woman was driving south when she flew off the road, hit a tree, and killed her 59-year-old passenger. 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. Lots of states also have a form of vehicular homicide that applies when an impaired driver causes the death of another. 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 We serve areas in South Carolina (SC), including the following areas: Lexington, Columbia, Richland, Kershaw, Edgefield, Saluda, Orangeburg, Calhoun, Newberry, Laurens, Greenwood and Aiken. 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. For example, in one of our felony DUI cases, the officer failed to give our client his Miranda warnings after our client was arrested. Generally, a DUI-related homicide conviction only requires proof that the driver was: driving while under the influence of drugs or alcohol, and; caused the death of another person. Many people will have to obtain a SR-22 insurance certificate when they want to have their licenses reinstated. When a driver charged with Felony DUI causes substantial bodily harm or death to more than one victim, the driver will be charged with a count of Felony DUI for each person injured or killed. 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. 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. What Happens After A DUI Arrest in Greenville, SC? Thus, it is essential to build a strong defense to the prosecutions claims. 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. And it costs Americans more than $44 billion annually. She has not been formally convicted, though she will likely face penalties on a civil and criminal level. While there are ways to fight felony DUI charges, avoiding unnecessary consequences requires a strategic defense. information, our Lexington DUI attorney can also offers aggressive legal Code, 56-5-2930. Anyone who is facing a DUI charge should take building a defense seriously. In South Carolina, a felony DUI is a serious crime. DISCLAIMER: The materials on this website are made available by THE BATEMAN LAW FIRM for informational purposes only and are not legal advice. Links:National College for DUI Defense,SC Association of Criminal Defense Lawyers. by Mandy Matney October 20, 2020. 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. 10,142. Any result we achieve on a clients behalf doesnt necessarily mean similar results for other clients. Were licensed in South Carolina. also important to note that repeat felony DUI offenders (or repeat offenders In South Carolina, having a drivers license is treated as implied permission to be checked if you are arrested by the police. DUIs involving great bodily injuries or deaths are felonies. Also, the DMV must suspend the convicted person's driver's license for the term of imprisonment plus three years. The cases are usually complex and they receive coverage from local media. Once a person has finished their jail sentence, the persons drivers license is suspended for 3 years (if great bodily injury) or 5 years (if death). A part of the mandatory sentences required to be imposed by this section must not be suspended, and probation must not be granted for any portion. 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. The man was hit by a 22-year-old woman who was drunk at the time of the collision, the Columbia Police Department said in a news release. 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.