(AL Code Title 32, Ch. They are more likely to subpoena your credit card statement to look for charges made at bars or restaurants. If death resulted, there is a mandatory minimum sentence of one year up to 25 years in prison and a mandatory fine of $10,100 up to $25,100. the client is someone accused of DUI for the In most states, repeated DUI offensestypically, beyond a secondare charged as felonies. Driving with an unlawful blood alcohol concentration S. Car. 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. 2) The defendant acted negligently because of the alcohol or drugs (e.g. She was released on a $100K bond and requirement to wear an alcohol monitor to track consumption. 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. 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. Under this law, your blood alcohol concentration (BAC) may even be below the 0.08% presumptive level. Not to mention, law enforcement and prosecutors often times receive pressure from the victims and or their families. It can also be an injury that cases loss Penalties for a third time conviction can include up to 3 years in prison with fines of up to $12,000 if the driver had a blood alcohol concentration (BAC) of under 0.10. And those are just the criminal consequences, because a DUI record will also result in higher . South Carolina drunk driving charges are a serious matter. South Carolina DUIs Involving Serious Injuries A DUI that involves great bodily injury will result in $5,100 to $10,100 in fines and 30 days to fifteen years in prison. In addition to a criminal record, motorists charged with and convicted of driving under the influence (DUI) face up to a month in jail and nearly $1,000 in fines. In the case of death, the jail sentence is between one to 25 years and the fine is between $10,100 to $25,100. Any result we achieve on a clients behalf doesnt necessarily mean similar results for other clients. 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? 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. This means that housing and employment opportunities could be denied, as could educational opportunities and much more. 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. SC Supreme Court Issues Order To Counties To Expedite DUI DUAC Dockets. Felony DUI with great bodily injury carries a mandatory minimum sentence of 30 days up to 15 years in prison, and a mandatory fine of $5100 up to $10,100. There are additional costs for assessments and surcharges beyond the fine. 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 . The defendant is not charged with proving their own innocence, but with defending themselves against the prosecutions attempts to prove guilt. For more information, please read our article on bond hearings in South Carolina. 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. Fifth Judicial Circuit Solicitor's Office. The other driver was at fault. James Lacy. 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. 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. The transmission and receipt of information contained on the website do not form or constitute an attorney-client relationship. person's life. Statute. Because the impaired driver broke no other law and breached no other legal duty. We know this area of DUI law is important to you. Fines can range from $500 to thousands of dollars depending on the circumstances and the jurisdiction. When the following proof exists, a DUI becomes a felony DUI in South Carolina: Causing serious bodily injury Causing death to another person The driver committed one or more traffic violations, and The driver's actions were the direct cause of another's permanent bodily harm or death of other types of DUI offenses) are required to have ignition interlock If your BAC is over the legal amount, you will receive points on your record, and your license will be terminated or withheld if you are convicted of a felony DUI in South Carolina. that involved a driver with a BAC of 0.08% or higher, making up 38% of (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. 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. 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. be charged with felony DUI. Many of these cases make the local headlines, and we keep our eye on what the judges are doing at the sentencing phases of these types of cases. 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. For example, in one of our felony DUI cases, the officer failed to give our client his Miranda warnings after our client was arrested. Apr 18, 2013 | DUI & DWI, Felony DUI, Uncategorized. In brief, there are four statutory crimes: Driving under the influence causing impairment S. Car. Based on this failure, our client was offered a plea to reckless driving. 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. The third element contains two prongs: proximate causation and great bodily injury. What do these phrases mean? led to another person's death. How Do Police Officers Perform A Sobriety Test In South Carolina? 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. A judge may provide for a sentence to be served upon terms and conditions that they consider proper, including weekend or nighttime service. more time law enforcement and prosecutors have to build a strong case 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. 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. An organ or a body part is lost or impaired. There is good news, though. The extent of injuries to a victim can influence the seriousness of the crime. To get the full experience of this website, Law Office of James R. Snell, Jr., LLC provides a more in-depth overview of felony DUI charges, the potential Also, pursuant to the statute, if someone dies of complications within 3 years of a great bodily injury as defined below, that death would meet the proximate causation standard. The role of the prosecution in a South Carolina felony DUI case is to prove guilt beyond reasonable doubt. One option to defend a felony DUI is to demonstrate that intoxication did not cause your negligence. Circuit Court Judge Michael. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. Former "American Idol" contestant Caleb Kennedy has been charged with a felony DUI after a fatal crash in his home state of South Carolina. Penalties for Felony DUI. The attorney listings on this site are paid attorney advertising. 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. One of the most frequent questions we are asked by new DUI clients is whether a DUI charge is a felony or a misdemeanor. 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 other three charges are felony DUI resulting in great bodily harm. Anyone convicted of a felony DUI is likely to spend significant time in jail. For those individuals who want to read the actual statute for themselves, it is reproduced below, in relevant part: SECTION 56-5-2945. under unsafe conditions. If youre facing the very serious charges and implications of a felony DUI resulting in death, you need to take action right away. 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. (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 A Spartanburg woman has been charged with Felony DUI causing death after a crash that killed a man. DUIs are serious business, especially when talking about a Felony DUI charge. 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. 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 a first, second, or third DUI, the driver will typically be facing misdemeanor charges. by kentcollinslaw | Apr 1, 2022 | Criminal Offenses. 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. Youve probably heard people say they had a DUI, which usually applies to a misdemeanor record of driving while intoxicated in an incident that did not result in serious bodily harm or death. Clients may be responsible for costs in addition to attorneys fees. Some links within the THE BATEMAN LAW FIRM website may lead to other sites. The law says you cant refuse to give this sample, but if you become so obstructive that it is impossible to draw blood, then that resistance will come in at trial. It takes more than proving that this is what caused the accident. No Legal Advice Intended. In contrast to DUI, if a person is guilty of causing substantial bodily harm or death to a victim, the penalty for felony DUI is increased. 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. 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. Call (843) 232-0944 today. They try hard to find other witnesses who can testify to impaired driving. Rhode IslandDUI/DWILaws, Fines & Penalties, South Carolina DUI Laws, Fines & Penalties, violation of South Carolinas zero tolerance law. 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.