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. They must keep an ignition interlock device in their car for three years for felony DUI with great bodily injury or five years for felony DUI where death results. It claims roughly 10,000 lives per year. 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. 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. Even a first offense could lead to a license suspension of six months. His BAC was 0.12, which a male can reach on just 3 or 4 beers in some cases. fatalities for the entire year, according to These charges are legally vague and can apply to many typical driving situations. She was released on a $100K bond and requirement to wear an alcohol monitor to track consumption. Once you have reached your fourth offense, the state of South Carolina will revoke your license. fatalities that involved a driver with a BAC between 0.01% and 0.07%, For example. (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. 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. Persons should not act upon information on this site without seeking professional legal counsel. 28.1. led to another person's death. What is the Difference Between a Felony and a Misdemeanor? 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. representation through each step of the criminal justice process. Third offense : $ 3,800-6,300 fine and a minimum of 60 days to 3 years in jail. To get the full experience of this website, The penalties for felony DUI differ depending on the number of DUIs the defendant has committed and the reason they were charged. The mans blood alcohol content (BAC) was 0.13 which is in the middle of 3 tiers of intoxication under our law. In 2011, there were 9,878 deaths nationwide drivers license is suspended for the term of imprisonment plus five years. a strong legal professional involved can greatly increase a defendant's Felony DUI causing death Five years (after release from prison) As you can probably tell, if you commit felony DUI, you are going to lose your license while incarcerated. Anyone who is facing a DUI charge should take building a defense seriously. 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. 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. Legal Beagle: How to Know If a DUI Is on Your Record, Legal Beagle: How to Get a DUI Removed From Your Driving Record. That charge will automatically become a felony if the child is seriously injured or killed. Having | ATierOne Website Services, SC Association of Criminal Defense Lawyers, 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. In early September of this year, a 23-year-old woman was driving eastbound on Interstate 26 near Lexington, South Carolina. 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. if you are driving home after 3 beers and you injured a person who stepped out into the road in front of you, it is possible that you could face serious jail time. But first, lets explore whats involved when someone is charged with a felony DUI in SC. Consequently, we will outline what the law provides and then show you the actual statute for your own review. that involved a driver with a BAC of 0.08% or higher, making up 38% of 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. One of the essential factors the law addresses when enacting criminal penalties is the severity of the offense. are serious repercussions that can create major negative impacts on a 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. In a case of great bodily injury, the defendant could face a mandatory fine of $5,100-$10,100 and imprisonment for 30 days to 15 years, as well as ignition interlock device (IID) use for 3 years. The state will also charge an individual with felony DUI if the offense is the individuals third or subsequent DUI within 10 years. has had. information, our Lexington DUI attorney can also offers aggressive legal Legal Beagle: What Will My Probation Officer Do If I Fail an Alcohol Test? How Do Police Officers Perform A Sobriety Test In South Carolina? 1 Getting a DUI can also result in negative consequences for your relationships, job, social life, finances, and mental health. Former "American Idol" contestant Caleb Kennedy has been charged with a felony DUI after a fatal crash in his home state of South Carolina. When death occurs. **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. 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 South Carolina, there were 315 fatalities in 2011 Read More: How to Get a DUI Removed From Your Driving Record. Get More! 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. under unsafe conditions. Michael R. Jeffcoat is a criminal defense attorney in South Carolina with over 2 decades of experience, our aggressive criminal defense legal team can help you with misdemeanor and felony offenses. Our site doesnt create an attorney-client relationship and it isnt intended for detailed legal advice. 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. 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," . Felony DUI in SC Felony DUI is charged when a person is driving under the influence and causes either: 1) Great bodily injury; or 2) Death to another person. As with any criminal charge, a person charged with driving while intoxicated (DWI) (also called "driving under the influence" (DUI)) is presumed innocent until proven guilty. The attorney listings on this site are paid attorney advertising. In percentage based cases, fees are calculated prior to deducting costs. 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 the injuries are less severe, the defendant can only be charged with the traditional offense of DUI and not felony DUI. Published: Jan. 27, 2023 at 1:08 PM PST. Further, prior results do not guarantee a similar outcome. The widely-publicized arrest of Henry . A fine of $5,100 to $10,100 may also be imposed. These jail requirements are mandatory and cannot be suspended or substituted for probation. A person who is convicted of Felony DUI where a death occurs, he or she can expect to receive a sentence of not less than one year and not more than twenty-five years (which also cannot be suspended to probation) and a fine between $10,000 - $25,000. retain a knowledgeable attorney you can trust. Kent Collins Law Firm is located in Lexington, SC. Was under the influence of alcohol, drugs, or a combination of alcohol and drugs. No Legal Advice Intended. You will be charged with a felony DUI if you've caused "great bodily injury" or death to a person other than yourself. The However, a DUI can be charged as a felony in South Carolina if the driver causes great bodily injury or death to another person. please update to most recent version. 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. A criminal record that cannot be expunged. For those individuals who want to read the actual statute for themselves, it is reproduced below, in relevant part: SECTION 56-5-2945. Up to 10 years in prison. If, however, the fourth offense occurs within a 5-year period, your license will be terminated. 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. These deaths made up 31% of total traffic Some links within the THE BATEMAN LAW FIRM website may lead to other sites. For every fine that is paid as part of a felony DUI sentence, 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. Duncan Smith is a first time offender with a clean record. 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. 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. A fine of between $5,100 and $10,100 may also be assessed. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems. 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. 1996) which had traced the . 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. 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 . second or third time. 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. 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. DUI offenses where there was a fatality carry $10,100 to $25,100 and one to 25 years in prison. Jessica Zimmer is a journalist and attorney based in northern California. 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. Links:National College for DUI Defense,SC Association of Criminal Defense Lawyers. Sandra Jones is a repeat offender who was convicted of a DUI a year earlier. If (in the same crash) some other victims are serious injured) and DUI-related serious bodily injury victims can add 1 to 15 years. What Happens If a South Carolina Driver Gets a DUI in Another State? This scenario would certainly qualify for a felony DUI. For example, a driver while under the influence who kills a driver who suddenly turns in front of him will probably not be charged with a felony DUI charge. (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. by Futeral & Nelson, LLC | DUI Attorney, DUI Defense in Charleston, South Carolina. Published: Nov. 5, 2021 at 12:08 PM PDT. There are a number of administrative penalties that may be assigned to someone who has been convicted of a felony DUI. An individual with a history of DUI cases and at risk of a new DUI conviction should consult a defense lawyer. The lawyer can determine whether any of the prior convictions will count to enhance the defendants sentence. Or, in single vehicle accident cases, you can face prison time if your passenger is seriously hurt or dies. (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 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. Why? The extent of injuries to a victim can influence the seriousness of the crime. 2) The defendant acted negligently because of the alcohol or drugs (e.g. protect themselves against conviction. The act or neglect caused great bodily injury or death to another person. 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. Serious bodily injury or death changes everything as we will explain further below. SC Code 56-5-2945 contains the elements of the offense of felony DUI in SC. DUI Conviction for Refusal / BAC less than 0.10. South Carolina drunk driving charges are a serious matter. Were licensed in South Carolina. chances of avoiding conviction. Get Morris! Fighting Felony DUI in Columbia, SC. 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 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 Contact a South Carolina Criminal Defense Attorney Today "great bodily injury" of another person, that individual will penalties than those who receive misdemeanor DUI charges. There are additional costs for assessments and surcharges beyond the fine. The cases are usually complex and they receive coverage from local media. Also, the DMV must suspend the convicted person's driver's license for the term of imprisonment plus three years. more time law enforcement and prosecutors have to build a strong case Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. This period of incarceration shall not include any portion of a suspended sentence such as probation, parole, supervised furlough, or community supervision. A great bodily injury is defined as injury that creates a substantial risk of death or causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. Typically, felony hit and run occurs when a driver leaves the scene of an accident in which a driver or pedestrian has been injured. SC Code 56-5-2945. DUIs involving great bodily injuries or deaths are felonies. that no portion of this sentence can be replaced with probation. Alabama. A traffic felony may negatively impact a . Here are some of the circumstances that can result in felony DUI charges in South Carolina. South Carolina Code of Laws 56-5-2945) defines great bodily injury as any bodily injury that either causes great 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. Also, the DMV must suspend the convicted person's driver's license for the term of imprisonment plus three years. Two others were injured and transported to the hospital from Johnsons vehicle. Home 3 Factors That Can Lead To A Felony DUI In South Carolina. Lots of states also have a form of vehicular homicide that applies when an impaired driver causes the death of another. California. 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. If the individuals BAC was 0.16 percent or above, the period of incarceration increases to between three and seven years. 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. What happens when you get a DUI (an arrest and conviction for drunk driving) depends on what state you live in. 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. By: Jessica Zimmer. The person who is convicted of this crime must also surrender their license for five years beyond their period of incarceration. South Carolina DUI. 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 The potential punishment when a person is convicted of felony DUI. The law considers "great bodily injury" to include injuries that involve: a high risk of death 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. Individuals who are receive felony charges for allegedly driving under Underage Drinking and Driving in South Carolina Zero Tolerance Law. Felony DUIs carry mandatory sentences, and having a felony conviction on your record can negatively impact virtually all aspects of your life. Law enforcement officers report that the woman struck an SUV, which veered off the road and overturned. A third or subsequent DUI is a Class F felony, punishable by not more than five years of incarceration. Fact checked by. Just because you are charged with a . 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. What is the South Carolina Ignition Interlock Device 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. Talk to a DUI Defense attorney The man was found guilty of two felony DUI charges one resulting in death and another causing great bodily injury. A judge may provide for a sentence to be served upon terms and conditions that they consider proper, including weekend or nighttime service. another person. Fines can range from $500 to thousands of dollars depending on the circumstances and the jurisdiction. 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. in December 2012. or viewing does not constitute, an attorney-client relationship. South Carolina's reckless vehicular homicide law applies if the victim dies within three years of the accident. Caleb Andrew Kennedy, 17, from Roebuck, is charged. first time or someone accused for a If an individual has a BAC of at least 0.05 percent, but less than 0.08 percent, their BAC level may be considered together with other evidence to determine if they were driving under the influence. Penalties for Felony DUI with Great Bodily Injury 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. What Are the Penalties for Driving with a Suspended License in South Carolina? 1 year to 25 years mandatory imprisonment, in state or federal prison, not local jail. 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. DUI-Related Vehicular Homicide and Manslaughter. 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. 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 Call Today | Free . The person was under the influence of alcohol, drugs, or a combination. Or, fill out our online form to set up a free, no-strings-attached consultation. In South Carolina, felonies are divided into six classes, A through F, according to SC Code of Laws 16:1. The driver of a vehicle involved in a crash that took the lives of a South Carolina State University student and a recent graduate of the school is now facing multiple charges, including DUI. The individual must have a history of alcohol or drug dependency, be at least 18 years of age and have committed a second or subsequent DUI or a felony DUI. A felony DUI is most serious, and you should retain experienced DUI defense counsel as quickly as possible after being charged. Any result we achieve on a clients behalf doesnt necessarily mean similar results for other clients. 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. Code, 56-5-2933 (see above link) Felony DUI S. Car. As a result of the incident, a 21-year-old died from her injuries. SCs DUI laws are found in Article 6, Chapter 5 of the SC Code. People who have questions about these issues should consult with an attorney. 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. There are multiple options for defense. The Tyndall Effect How an Airbag Can Effect Your Breath Test in a DUI. Highway Patrol, according to South Carolina law. apply when a DUI offense has led to serious physical harm or death of 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. The state of South Carolina (under the 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; 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. 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. Whether the accident causes death or great bodily harm, the court cannot rule for probation nor can it suspend the case.