Traffic offenses occur when motorists violate ordinances or state laws relating to the movement and control of traffic. 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 person was under the influence of alcohol, drugs, or a combination. A fine of $5,100 to $10,100 may also be imposed. 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. 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. 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. representation through each step of the criminal justice process. Highway Patrol, according to South Carolina law. But, under South Carolina law a felony DUI defendant cannot refuse the breathalyzer or blood draw. **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 separate offense of felony DUI, however, specifically makes a conviction a felony offense because the statute says it is a felony. In most states, repeated DUI offensestypically, beyond a secondare charged as felonies. If you wish to know more about felony DUI in South Carolina, contact our expert attorneys today. A judge may provide for a sentence to be served upon terms and conditions that they consider proper, including weekend or nighttime service. Here are some of the circumstances that can result in felony DUI charges in South Carolina. Apr 18, 2013 | DUI & DWI, Felony DUI, Uncategorized. What happens when you get a DUI (an arrest and conviction for drunk driving) depends on what state you live in. Penalties for a fourth or subsequent DUI include one year to five years of incarceration, completion of a state substance abuse treatment program, permanent drivers license revocation and permanent (lifetime) IID installation. The Jeffcoat Firm Announces that Attorney J. Taylor Bell has Joined the Firm. You may be able to call into question the validity of any blood or breath alcohol test results, and you may argue that distraction, or another factor contributed to the negligence. 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. led to another person's death. Read More: What Will My Probation Officer Do If I Fail an Alcohol Test? There is no current provision under the law to ever have a DUI expunged from your record. Call us today for dedicated legal assistance! The materials on this website may not reflect the most current legal developments, verdicts or settlements. It may be that the accident was caused by another driver, and this could allow for the felony DUI charges to be dropped or reduced. Even a first offense could lead to a license suspension of six months. For example, in one of our felony DUI cases, the officer failed to give our client his Miranda warnings after our client was arrested. Involuntary manslaughter is defined as the unintentional killing of a person during the commission of an unlawful act. In South Carolina, felony DUI is the bodily injury or the death of another person. SC Supreme Court Issues Order To Counties To Expedite DUI DUAC Dockets. 1 year to 25 years mandatory imprisonment, in state or federal prison, not local jail. *, License Reinstatement After DUI in South Carolina, 6 Most Common DUI Myths in South Carolina. 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. Driver's license is suspended for the term of imprisonment plus five years following release. A DUI is defined as driving under the influence of alcohol with a blood alcohol concentration (BAC) of 0.08 percent or above according to the South Carolina Department of Public Safety's SC Laws Relative to Impaired Driving. However, in a felony DUI case, we get into the medical records to try to show that drunk driving did not cause enough of an injury. And it costs Americans more than $44 billion annually. Is a DUI a Misdemeanor or a Felony in South Carolina? If the individuals BAC was between 0.10 and 0.159 percent, the period of incarceration increases to between two and six years. 10) One lastcaveat: the local prosecutor can elect to charge someone with either felony DUI or , in the alternative, involuntary manslaughter or even reckless homicide. South Carolina Criminal Defense Attorney | Over 25 Years Experience. 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. running a stop light). NOTICE ! It also indicates that this offense, when resulting in death, is punishable by a mandatory fine of $10,100 to $25, 100 and at least one year in jail, not to exceed 25 years. 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. 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. Some links within the THE BATEMAN LAW FIRM website may lead to other sites. The cap for commercial drivers is 0.04 %. In South Carolina, having a drivers license is treated as implied permission to be checked if you are arrested by the police. 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. As you can see, judges have little sentencing discretion in felony DUI cases. 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. DUI Conviction for Refusal / BAC less than 0.10. 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. DUI offenses where there was a fatality carry $10,100 to $25,100 and one to 25 years in prison. It takes more than proving that this is what caused the accident. 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 There are several factors that will immediately elevate a misdemeanor DUI to become a felony charge. 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. $100 will be reserved for use by the Department of Public Safety for the Published: Nov. 5, 2021 at 12:08 PM PDT. more time law enforcement and prosecutors have to build a strong case 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. Anyone who is facing a DUI charge should take building a defense seriously. 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. 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. 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. South Carolina considers involuntary manslaughter a Class F felony . What Are the Implications of a DUI in South Carolina? | 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. 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 Consequences for a Third DUI in Florida? "great bodily injury" of another person, that individual will 30 days to 15 years mandatory imprisonment, in state or federal prison, not local jail. (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 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. SC Code 56-5-6190 says that It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this State declared to be a felony., SCs DUI statutes, found in SC Code 56-5-2930, do not specify whether a conviction is a felony offense or a misdemeanor offense, and DUI 1st, 2nd, 3rd, 4th, or subsequent offenses are misdemeanor offenses because they are not declared to be a felony in Chapter 5 or by any other law of this State.. People make bad decisions, and terrible things happen. 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. The defendant is not charged with proving their own innocence, but with defending themselves against the prosecutions attempts to prove guilt. Under South Carolina statute (56-5-2945), felony DUI is causing great bodily injury or death while operating a motor vehicle under the influence of alcohol, drugs or both. Does a DUI Suspend Your Drivers License in South Carolina? 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. The more we can challenge the prosecutions case, the better deal we may be able to bring to our client. Mills was indicted of a felony DUI resulting in death charge in December. The penalties for a DUAC are roughly the same as for a DUI. Just because you are charged with a . has had. Under this law, your blood alcohol concentration (BAC) may even be below the 0.08% presumptive level. (AL Code Title 32, Ch. Below are links to hit and run state laws. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site. 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. 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 . DUIs are serious business, especially when talking about a Felony DUI charge. are serious repercussions that can create major negative impacts on a It is harder to fight a blood draw, but sometimes we can find a problem such as with the chain of custody. data released by the National Highway Traffic Safety Administration (NHTSA) In all states except New York, New Jersey, and Wisconsin, a first-time conviction for driving under the influence is a misdemeanor 1 and can result in jail time, significant fines, and the loss of driving privileges. Felony DUIs carry mandatory sentences, and having a felony conviction on your record can negatively impact virtually all aspects of your life. The state will also charge an individual with felony DUI if the offense is the individual's third or subsequent DUI within 10 years. 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.