Driving under the influence of drugs or alcohol can lead to serious charges. If you drive while impaired and cause great bodily injury or death to another person, you face felony DUI with mandatory prison time. If you are being charged with a felony DUI in South Carolina, call Touma Law Group today.
We work with clients throughout the Upstate on their felony DUI cases and help them handle the license suspension that comes with a DUI charge. Contact us at (864) 618-2323 to talk about your case. A licensed South Carolina attorney at the firm must review the facts of your case before anyone relies on this page, which is general information and not legal advice.
What Constitutes a Felony DUI in South Carolina?
Two situations lead to felony level DUI charges in South Carolina, and a third situation adds a separate charge without making the DUI a felony:
Great Bodily Injury or Death
Under S.C. Code Ann. § 56-5-2945, a person who drives under the influence and, by an act forbidden by law or a neglected legal duty in driving, proximately causes great bodily injury or death to another person is guilty of felony driving under the influence. The Code defines “great bodily injury” as bodily injury that creates a substantial risk of death or that causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. When great bodily injury results, the sentence includes a mandatory fine of $5,100 to $10,100 and mandatory imprisonment of 30 days to 15 years.
A Minor Passenger
A driver who commits DUI, DUAC, or felony DUI with a passenger under the age of 16 in the vehicle may also be convicted of child endangerment, which is a separate offense added to the underlying charge (S.C. Code Ann. § 56-5-2947). The Code sets the penalty at up to one-half of the maximum fine and/or the maximum term of the underlying offense, with no suspension of the penalty and no probation, plus a license suspension and an ignition interlock device for three months. A passenger under 16 does not by itself make a DUI a felony.
Fourth or Later Offense
A fourth or subsequent DUI or DUAC offense is a Class F felony (S.C. Code Ann. § 16-1-90(F), § 16-1-100(A)). The penalty is imprisonment of 1 to 5 years, 2 to 6 years if the alcohol concentration was 0.10 to under 0.16, and 3 to 7 years if it was 0.16 or more (S.C. Code Ann. § 56-5-2930). A third offense is not a felony. It is a Class A misdemeanor with a fine of $3,800 to $6,300 and 60 days to 3 years of imprisonment, with higher ranges at higher alcohol concentrations.
Penalties for a Felony DUI
Drivers convicted of a felony DUI face administrative penalties in addition to the criminal sentence. SCDMV suspends the license of a person convicted under Section 56-5-2945. After the person is released from prison, the person must enroll in the Ignition Interlock Device Program, end the suspension, and obtain an ignition interlock restricted license. The device is required for three years when great bodily injury results and five years when a death occurs (S.C. Code Ann. § 56-5-2945(C)).
The Code sets the sentence for felony DUI as a mandatory fine and mandatory imprisonment. The penalties differ depending on whether the DUI resulted in great bodily injury or death.
For cases involving great bodily injury, the Code requires a fine of $5,100 to $10,100 and imprisonment of 30 days to 15 years. Part of the mandatory sentence cannot be suspended, and probation cannot be granted for any portion.
In the event of a DUI resulting in death, the Code requires a fine of $10,100 to $25,100 and imprisonment of 1 to 25 years. The same rule applies: part of the mandatory sentence cannot be suspended, and probation cannot be granted for any portion.
When SCDMV suspends a license, it also suspends registrations unless the person files and maintains proof of financial responsibility, which an insurer commonly certifies on a form called an SR-22 (S.C. Code Ann. § 56-9-500). Confirm the exact requirement for your case with SCDMV or your insurer (SCDMV license reinstatement).
A felony conviction will be listed on an individual’s criminal record, which can create issues with finding housing and employment.
Facing DUI charges, and particularly felony charges, can have major consequences. If you find yourself in that position, contact a criminal defense attorney early so that your case can be reviewed.
How Do You Defend Against Felony DUI Charges?
Felony DUI cases are difficult. To convict under Section 56-5-2945, the State must prove that you drove under the influence and that an act forbidden by law or a neglected legal duty in driving proximately caused great bodily injury or death to another person. Evidence in these cases can include witnesses who describe impaired driving, evidence of drinking recovered by law enforcement officers, medical records, and chemical test results. A person suspected of causing a crash that killed someone must submit to field sobriety tests and to chemical tests (S.C. Code Ann. § 56-5-2948; S.C. Code Ann. § 56-5-2946).
A DUI lawyer may review whether breath or blood samples were properly obtained and may look at medical records to see whether the injuries meet the Code’s definition of great bodily injury. Contacting a defense attorney quickly gives more time to review the evidence in your case. No lawyer can promise an outcome.
Related: What to do After a DUI in Greenville
Hire a DUI Attorney in South Carolina
DUI charges, and especially felony DUI charges, can put your future in jeopardy. If your charge involves injury or death, speak with a DUI attorney as soon as possible.
If you have been charged with a felony DUI in upstate SC, contact the team of Greenville criminal defense attorneys at Touma Law Group. Schedule an appointment with our online form or over the phone to talk about your case.
