When the following proof exists, a DUI becomes a felony DUI in South Carolina: To sum up, a person will be charged with felony DUI in South Carolina if an officer determines that the person was driving a motor vehicle in South Carolina while under the influence of alcohol or narcotics, violating a traffic code, and his driving and negligence is the principal cause of severe bodily harm or death to another person. An individual with a history of DUI cases and at risk of a new DUI conviction should consult a defense lawyer. However, a conviction or plea will result in a permanent criminal record. Law enforcement officers report that the woman struck an SUV, which veered off the road and overturned. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. Contact a South Carolina Criminal Defense Attorney Today If an individual is accused of committing a DUI offense that led to the DUIs involving great bodily injuries or deaths are felonies. 1 year to 25 years mandatory imprisonment, in state or federal prison, not local jail. Therefore, a felony DUI differs from a DUI in both the proof of the offense and the penalties for a conviction. We provide representation in the following practice areas-local and state criminal law, dui defense, domestic violence, felony crimes, juvenile defense, drug charges, assault & battery, criminal sexual conduct, property crimes, white collar crimes and personal injury law. This information is not intended to create, and receipt 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. What Are the Consequences for a Third DUI in Florida? 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. What is the Difference Between a Felony and a Misdemeanor? It can also be an injury that cases loss 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. 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 . 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. What Are The Consequences Of Driving Under The Influence In South Carolina? For example, in one of our felony DUI cases, the officer failed to give our client his Miranda warnings after our client was arrested. For more information, please read our article on bond hearings in South Carolina. But, if a case involves certain aggravating factors, a DUI can be charged as a felony. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. 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. Former "American Idol" contestant Caleb Kennedy has been charged with a felony DUI after a fatal crash in his home state of South Carolina. What Happens After A DUI Arrest in Greenville, SC? There is good news, though. The offender must be the owner of the vehicle or a resident of the household of the owner in order for a confiscation to take place. We know this area of DUI law is important to you. A felony is a crime that, if an individual is convicted, is punishable by a prison sentence of over one year. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Kent Collins Law Firm607 South Lake DriveLexington, SC 29072. 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. Get Morris! One option to defend a felony DUI is to demonstrate that intoxication did not cause your negligence. But, under South Carolina law a felony DUI defendant cannot refuse the breathalyzer or blood draw. information, our Lexington DUI attorney can also offers aggressive legal In the case of death, the jail sentence is between one to 25 years and the fine is between $10,100 to $25,100. First offense : $400 fine or a minimum of 48 hours to 30 days in jail. South Carolina Criminal Defense Attorney | Over 25 Years Experience. Or, in single vehicle accident cases, you can face prison time if your passenger is seriously hurt or dies. The 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. 1104 North Oak StreetMyrtle Beach, SC 29577Driving Directions, 1314 2nd AvenueConway, SC 29526Driving Directions, Designed by Elegant Themes | Powered by WordPress. In percentage based cases, fees are calculated prior to deducting costs. 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. first time or someone accused for a DUI Treatment Court involves attending substance abuse support group meetings, random drug and alcohol testing, appearing in DUI Treatment Court regularly and securing employment. In general, traffic felonies usually include a monetary fine as well as a prison sentence. by Futeral & Nelson, LLC | DUI Attorney, DUI Defense in Charleston, South Carolina. Accident Resulting in Death to the Victim. If the victim was a child under the age of 16, the maximum sentence is life in prison. It all depends on the facts of the case, the person, and who the bond judge is. The Highway Patrol MAIT team will conduct their own investigation but, in many cases, it will be critical that the defense retain an independent accident re-constructionist to determine the circumstances and cause of the accident. He could have faced a sentence as long as 25 years for a fatal DUI. Penalties for Felony DUI with Great Bodily Injury Contact Coastal Law to discuss your situation. *, License Reinstatement After DUI in South Carolina, 6 Most Common DUI Myths in South Carolina. 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. Code, 56-5-2945. The state of South Carolina (under the The widely-publicized arrest of Henry . Check out our featured videos for some legal advice from our attorneys! While there are ways to fight felony DUI charges, avoiding unnecessary consequences requires a strategic defense. 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. 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. Many people will have to obtain a SR-22 insurance certificate when they want to have their licenses reinstated. DUI Causing Great Bodily Injury : 30 days to 15 years of mandatory imprisonment Mandatory fine of $5,100 to $10,100 Driver's license suspension for period of imprisonment, plus three years DUI Causing Death 1 year to 25 years of mandatory imprisonment Mandatory fine of $10,100 to $25,100 (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. A judge will rule that the sentences for several counts of conviction may run simultaneously or consecutively while imposing penalties. The law considers "great bodily injury" to include injuries that involve: a high risk of death 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). DUI Conviction for Refusal / BAC less than 0.10. 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. Alabama. **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. NOTICE ! Most of the same defenses that are available in misdemeanor DUI cases are also available in a felony DUI case. For every fine that is paid as part of a felony DUI sentence, Clients may be responsible for costs in addition to attorneys fees. 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. Driving with an unlawful blood alcohol concentration S. Car. In South Carolina, felonies are divided into six classes, A through F, according to SC Code of Laws 16:1. Technically yes, but then the police will take you to the hospital and have your blood drawn. 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. The information on this website is for general information purposes only. The role of the prosecution in a South Carolina felony DUI case is to prove guilt beyond reasonable doubt. What Happens Now? In South Carolina, a felony DUI resulting in death is punishable by up to 25 years in prison. 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. Lots of states also have a form of vehicular homicide that applies when an impaired driver causes the death of another. Read More: How to Know If a DUI Is on Your Record. 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. This means that housing and employment opportunities could be denied, as could educational opportunities and much more. Legal Beagle: How to Know If a DUI Is on Your Record, Legal Beagle: How to Get a DUI Removed From Your Driving Record. The Jeffcoat Firm Announces that Attorney J. Taylor Bell has Joined the Firm. The man assisted the other driver financially while he recovered. These charges are legally vague and can apply to many typical driving situations. Proximate causationbasically means legal causation, not factual causation, that will be recognized for a certain purpose. A Spartanburg woman has been charged with Felony DUI causing death after a crash that killed a man. Involuntary manslaughter in Idaho is a felony offense and applies negligent conduct in general as well as any recklessness, negligence, or carelessness while operating a deadly weapon that produces death. Under this law, your blood alcohol concentration (BAC) may even be below the 0.08% presumptive level. Caleb Andrew Kennedy, 17, from Roebuck, is charged. If youre facing the very serious charges and implications of a felony DUI resulting in death, you need to take action right away. Below are links to hit and run state laws. Apr 18, 2013 | DUI & DWI, Felony DUI, Uncategorized. 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. The majority of people do not know the risk of being convicted for DUI. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

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