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. DUI offenses where there was a fatality carry $10,100 to $25,100 and one to 25 years in prison. 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 law defines great bodily injury as an injury that causes one of the following: Permanent disfigurement Loss or impairment of an organ or bodily member An increased risk of death No part of the minimum sentence for a DUI offender may be suspended. The list goes on. South Carolina Woman Charged With Felony DUI After Collision Serious bodily injury or death changes everything as we will explain further below. A fine of $5,100 to $10,100 may also be imposed. A DUI causing Death is Called Vehicular Homicide GA - HG.org 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. South Carolina automatically categorizes a persons third DUI offense as a felony. When is DUI a Felony in South Carolina? | The Law Offices of Marion M He could have faced a sentence as long as 25 years for a fatal DUI. Whether the accident causes death or great bodily harm, the court cannot rule for probation nor can it suspend the case. Felony DUI. No Legal Advice Intended. When does a DUI become a felony in South Carolina? 10,142. $100 will be reserved for use by the Department of Public Safety for the This scenario would certainly qualify for a felony DUI. What is a Felony DUI under South Carolina law? Fortunately, a regular DUI charge is only a misdemeanor. It can also be an injury that cases loss Penalties for Felony DUI with Great Bodily Injury . A Greenwood, South Carolina, man has been sentenced to 13 years behind bars for a fatal collision that occurred back in 2014 when he was intoxicated. 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. To be charged with felony DUI resulting in great bodily injury, the persons injuries must create a substantial risk of death or cause serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.. 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. Fact checked by. These first time or someone accused for a 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. DUI-Related Vehicular Homicide and Manslaughter. Under 21 Alcohol-Impaired Driving Fatalities. data released by the National Highway Traffic Safety Administration (NHTSA) Motor Vehicle Accidents. below the legal limit. A felony DUI resulting in death is classified as a violent crime. Typically, felony hit and run occurs when a driver leaves the scene of an accident in which a driver or pedestrian has been injured. Copyright 2023 Futeral & Nelson, LLCAll Rights Reserved 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. 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. If the kid is seriously wounded or killed, the conviction will then become a criminal. Law enforcement, prosecutors, and judges take felony DUI charges seriously law enforcement will ordinarily conduct a more thorough investigation, felony DUI prosecutors are less likely to make a reasonable plea offer, and judges are more likely to give substantial prison time after a plea or conviction at trial. 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. Felony DUI In South Carolina: Key Facts To Know | Bateman These charges are legally vague and can apply to many typical driving situations. This requirement can last for anywhere Alabama. In 2020, there were 11,654 people killed in these preventable crashes. 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. 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. 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. (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 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. The Number Of DUI Convictions In South Carolina Has Been Increasing South Carolina considers involuntary manslaughter a Class F felony . If an individual is accused of committing a DUI offense that led to the Whether you have been arrested or you are under investigation by law enforcement another person. 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. Up to 10 years in prison. Under South Carolina law, the penalty for involuntary manslaughter is up to five years' incarceration and a fine up to $25,000. The penalties for felony DUI differ depending on the number of DUIs the defendant has committed and the reason they were charged. 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. Third offense : $ 3,800-6,300 fine and a minimum of 60 days to 3 years in jail. information, our Lexington DUI attorney can also offers aggressive legal Read More: The Pros & Cons of a Standard DUI. 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. California. 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. What are the Penalties for a Felony DUI in South Carolina? Apart from the potential for civil liability, a conviction for felony DUI carries harsh consequences in SC. The Consequences of a Hit-and-Run - trafficlawsc.com In most situations, a DUI conviction will be a misdemeanor. Our law defines great bodily injury as 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. So it may not take much for a DUI crash to result in a felony DUI charge. Under the law, for example, taking your eyes off the road for an instant to change radio stations is technically reckless driving.. The third element contains two prongs: proximate causation and great bodily injury. What do these phrases mean? A felony is a crime that, if an individual is convicted, is punishable by a prison sentence of over one year. The cap for commercial drivers is 0.04 %. **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. Police: Illegal Alien Killed 76-Year-old Philanthropist in Drunk Driving Crash. We have seen them as low as $50,000. With a BAC of 0.16 percent or above, the period of incarceration increases to between six months and five years. "great bodily injury" of another person, that individual will The 20-year old woman we described above had a bail of $250,000. Website Design by JustLegal Marketing, DUI Defense in Charleston, South Carolina, Frequently Asked Questions About DUI in South Carolina. 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. 1996) which had traced the . The state will also charge an individual with felony DUI if the offense is the individual's third or subsequent DUI within 10 years. 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. 803-746-4302. Such materials are for informational purposes only and may not reflect the most current legal developments. 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. People make bad decisions, and terrible things happen. This website includes general information about legal issues and developments in the law. An official can use this rule, known as implied consent, to examine you if they believe you of drunken driving. 2016 South Carolina Code of Laws :: Title 56 - Motor Vehicles 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. of other types of DUI offenses) are required to have ignition interlock 26.3. There were also 65 Although impaired, the impairment was not the proximate cause of the crash. The defendants negligence was the proximate cause of great bodily injury or death to another person. In many cases, the defense will need to retain additional experts to provide consultation and testimony regarding the breath test, blood samples, medical records, field sobriety tests, or any other issue that could be disputed at trial. Felony DUI in South Carolina is when a person who is impaired by alcohol or drugs causes death or serious injury to another motorist or a passenger in their own vehicle. in December 2012. a strong legal professional involved can greatly increase a defendant's Felony DUI with Great Bodily Injury 2) The defendant acted negligently because of the alcohol or drugs (e.g. Contact a South Carolina Criminal Defense Attorney Today Is it Possible for Me to Apply for a DUI Expungement in South Carolina? In brief, there are four statutory crimes: Driving under the influence causing impairment S. Car. First offense : $400 fine or a minimum of 48 hours to 30 days in jail. For every fine that is paid as part of a felony DUI sentence, Because these two extremes will cost a difference of $20,000 in bondsman fees, it is important to have your lawyer on board as soon as possible. Call us today for dedicated legal assistance! 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. 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. all traffic fatalities in the state for that year. A fourth or subsequent DUAC is a Class F felony, according to SC Code of Laws 16:1. 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 The man assisted the other driver financially while he recovered. In general, traffic felonies usually include a monetary fine as well as a prison sentence. DUI Conviction for Refusal / BAC less than 0.10. are serious repercussions that can create major negative impacts on a Thus, it is essential to build a strong defense to the prosecutions claims. The longer you wait, the Thus, it takes more than evidence of the defendant being intoxicated at the time of the accident. Just because you are charged with a . South Carolina Code of Laws 56-5-2945) defines great bodily injury as any bodily injury that either causes great But, if a case involves certain aggravating factors, a DUI can be charged as a felony. Is a DUI a Felony in South Carolina? - McKinney, Tucker & Lemel LLC the client is someone accused of DUI for the meaning the driver had alcohol in his or her system but was technically South Carolina man sentenced in fatal DUI crash National. Also, the prosecutors are more likely to seek other evidence in a felony DUI case. retain a knowledgeable attorney you can trust. Duncan Smith is a first time offender with a clean record. Caleb Kennedy from 'American Idol' denied bond after felony DUI - Yahoo! This article discusses the various DUI crimes in South Carolina.