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Copyright 2023 Futeral & Nelson, LLCAll Rights Reserved (AL Code Title 32, Ch. What Happens if I Get a DUI on Federal Property in South Carolina? Driver's license is suspended for the term of imprisonment plus five years following release. Therefore, a felony DUI differs from a DUI in both the proof of the offense and the penalties for a conviction. 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. They are more likely to subpoena your credit card statement to look for charges made at bars or restaurants. Call us today for dedicated legal assistance! By: Jessica Zimmer. DUI Defense Lawyer J. Taylor Bell Recognized in Best of Columbia 2018 Awards. Law enforcement officers report that the woman struck an SUV, which veered off the road and overturned. Even a first offense could lead to a license suspension of six months. But, if a case involves certain aggravating factors, a DUI can be charged as a felony. For a first, second, or third DUI, the driver will typically be facing misdemeanor charges. If the kid is seriously wounded or killed, the conviction will then become a criminal. Thus, it is essential to build a strong defense to the prosecutions claims. Code, 56-5-2945. For suspension purposes of this section, convictions arising out of a single incident shall run concurrently. 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," . Just because you are charged with a . SC Code 56-5-2945. What Will My Probation Officer Do If I Fail an Alcohol Test? As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. In most states, including South Carolina, the offense of driving under the influence (DUI) is a misdemeanor. second or third time. A criminal record that cannot be expunged. 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. 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. Anyone who is facing a DUI charge should take building a defense seriously. For any Charleston DUI lawyer, defending a felony DUI is much more challenging, and the stakes are higher than defending a municipal or magistrate level DUI such as a DUI 1st. Under this law, your blood alcohol concentration (BAC) may even be below the 0.08% presumptive level. Call Today | Free Consultation. running a stop light) 3) The negligent behavior caused the accident, resulting in death. 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. This is a sensitive matter, and you should avoid giving any statements without speaking to an experienced DUI attorney in South Carolina. DUI-Related Vehicular Homicide and Manslaughter. 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. The separate offense of felony DUI, however, specifically makes a conviction a felony offense because the statute says it is a felony. But, under South Carolina law a felony DUI defendant cannot refuse the breathalyzer or blood draw. This article discusses the various DUI crimes in South Carolina. You will be charged with a felony DUI if you've caused "great bodily injury" or death to a person other than yourself. 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. What we can promise is that we will fight the case early on from any angle we can. or viewing does not constitute, an attorney-client relationship. These deaths made up 31% of total traffic Website Design by JustLegal Marketing, DUI Defense in Charleston, South Carolina, Frequently Asked Questions About DUI in South Carolina. What are the Penalties for a Felony DUI in South Carolina? risk of death, or that causes "serious, permanent disfigurement" The extent of injuries to a victim can influence the seriousness of the crime. **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. SC Code 56-5-2945 contains the elements of the offense of felony DUI in SC. Under the law, for example, taking your eyes off the road for an instant to change radio stations is technically reckless driving.. For example, in one of our felony DUI cases, the officer failed to give our client his Miranda warnings after our client was arrested. Because the impaired driver broke no other law and breached no other legal duty. (C) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol. This website includes general information about legal issues and developments in the law. A person is not eligible for a diversion program like DUI Treatment Court if they plead guilty to a violent crime. Felony DUI. Percent of Alcohol-Impaired Driving Fatalities of Total Fatalities. The State of South Carolina will charge a third time DUI offense as a felony. Highway Patrol, according to South Carolina law. Penalties for Felony DUI. 30 days to 15 years mandatory imprisonment, in state or federal prison, not local jail. The prosecutor must also prove that the defendants negligence while driving was the proximate cause of another persons injury or death. If a person has pleaded guilty or been charged and convicted of felony DUI, the judge must determine the required penalty. 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. DUI Attorney Kent Collins will investigate your charges, answer your questions, and do everything legally and ethically possible to get your case dismissed, win your case at trial, or find a resolution that is fair and reasonable. A fourth or subsequent DUAC is a Class F felony, according to SC Code of Laws 16:1. If the individuals BAC was between 0.10 and 0.159 percent, the period of incarceration increases to between two and six years. Consider speaking with a DUI attorney. 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. Duncan Smith is a first time offender with a clean record. Whether the accident causes death or great bodily harm, the court cannot rule for probation nor can it suspend the case. In South Carolina, a felony DUI is a serious crime. The other three charges are felony DUI resulting in great bodily harm. The defendants negligence was the proximate cause of great bodily injury or death to another person. Felony DUIs carry mandatory sentences, and having a felony conviction on your record can negatively impact virtually all aspects of your life. While driving the motor vehicle, they committed an act forbidden by law or neglected a duty imposed by law in the driving of the motor vehicle.. If, however, the fourth offense occurs within a 5-year period, your license will be terminated. 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 list goes on. 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). 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. Driving under influence (DUI) is a crime in several states, including South Carolina. This requirement can last for anywhere If the individuals BAC was 0.16 percent or above, the period of incarceration increases to between three and seven years. What Are the Penalties for Driving with a Suspended License in South Carolina? In most situations, a DUI conviction will be a misdemeanor. Also, the DMV must suspend the convicted person's driver's license for the term of imprisonment plus three years. All Rights Reserved. There were also 65 *, License Reinstatement After DUI in South Carolina, 6 Most Common DUI Myths in South Carolina. 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. That charge will automatically become a felony if the child is seriously injured or killed. . Unlawful driving by a habitual offender resulting in death is a Class C felony, punishable by not more than 20 years of incarceration. 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. When a person drives a motor vehicle while under the influence and causes someone's death through negligence, the potential penalties include: A mandatory fine of not less than $10,100.00 nor more than $25,100.00 and Mandatory imprisonment for not less than 1 year nor more than 25 years. Also, the DMV must suspend the convicted person's driver's license for the term of imprisonment plus three years. Can You Get a DUI for Prescription Drugs? Reckless Homicide: $1,000 to $5,000 in fines. Former "American Idol" contestant Caleb Kennedy has been charged with a felony DUI after a fatal crash in his home state of South Carolina. The role of the prosecution in a South Carolina felony DUI case is to prove guilt beyond reasonable doubt. 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. or impairment of a function of any body part of a victim. to any part of a person's body. 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. Fortunately, a regular DUI charge is only a misdemeanor. 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. For great bodily injury, a conviction carries a mandatory fine of $5,000 to $10,000, plus imprisonment for at least 30 days and as long as 15 years. What Are the Implications of a DUI in South Carolina? Mr. Jeffcoat strives to keep all his clients informed at all stages of their case. 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. 2023 The Bateman Law Firm. An individual with a history of DUI cases and at risk of a new DUI conviction should consult a defense lawyer. If you wish to know more about felony DUI in South Carolina, contact our expert attorneys today. Are DUI & License Checkpoints Legal in South Carolina? protect themselves against conviction. 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. 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. Legal Beagle: How to Know If a DUI Is on Your Record, Legal Beagle: How to Get a DUI Removed From Your Driving Record. 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.. Police: Illegal Alien Killed 76-Year-old Philanthropist in Drunk Driving Crash. 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. He could have faced a sentence as long as 25 years for a fatal DUI. But court appearances, fines, and fees are likely. In fact, on average over the 10-year period from 2011-2020, about 10,500 people died every year in drunk-driving crashes. There is good news, though. SPARTANBURG, S.C. (FOX Carolina) - The 7th Circuit Solicitors Office announced that a Spartanburg man recently pleaded guilty to a 2020 DUI crash that . 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. 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. 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. A fine of between $5,100 and $10,100 may also be assessed. The act or neglect caused great bodily injury or death to another person. In South Carolina, felony DUI is the bodily injury or the death of another person. If an individual is accused of committing a DUI offense that led to the 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%. What is the Difference Between a Felony and a Misdemeanor? Caleb Andrew Kennedy, 17, from Roebuck, is charged. A judge may provide for a sentence to be served upon terms and conditions that they consider proper, including weekend or nighttime service. 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. The cases are usually complex and they receive coverage from local media. penalties they can lead to and how defendants can take action to better It is harder to fight a blood draw, but sometimes we can find a problem such as with the chain of custody.