In South Carolina, state laws impose strict penalties on drivers convicted of drunk driving. Those criminal penalties can include fines, jail time, loss of driving privileges, and an ignition interlock device (IID), which is a breathalyzer connected to your motor vehicle’s ignition. Navigating the legal consequences of a drunk driving charge is confusing.
If you have been charged with driving under the influence of alcohol or drugs in Greenville or anywhere in South Carolina, seek legal representation right away from a DUI criminal defense lawyer.
At Touma Law Group, our criminal defense team defends people charged with felony and misdemeanor DUI offenses in South Carolina. To schedule a free and confidential consultation, call our Greenville criminal defense law firm today at 864-618-2323. 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 Counts as a DUI in Greenville, SC?
South Carolina law says a person commits DUI when alcohol, drugs, or a combination of both materially and appreciably impair the person’s faculties to drive a motor vehicle (S.C. Code Ann. § 56-5-2930(A)). It does not matter whether drugs, alcohol, or a combination of both caused the impairment. The statute covers any other drug or substance that causes impairment, and it does not matter whether a drug was legally prescribed.
However, the State must prove the following elements for you to be convicted of a DUI charge:
- That you were driving. You could be in your car listening to music, sleeping, or even passed out behind the wheel, but the State must still prove that you drove a motor vehicle while impaired. Whether a person found asleep in a parked or stopped car was “driving” depends on the facts of the case, and a lawyer should review them.
- That your “faculties to drive” were appreciably or materially impaired. This can be shown with a blood test or breathalyzer result, testimony from the arresting officer, statements from other witnesses, or video of your performance on the roadside field sobriety tests (FSTs).
Your DUI criminal defense attorney can review the breathalyzer results, cross-examine the police officer on whether there was bias, look into other explanations for your performance on the field sobriety tests, and identify “sobriety witnesses” who can testify about your ability to operate a motor vehicle at the time of the incident. What any of that produces depends on the facts, and no lawyer can promise an outcome.
What is the Difference Between a Misdemeanor DUI and a Felony DUI?
In South Carolina, law enforcement officers can arrest you for DUI based on probable cause that you were operating a motor vehicle while materially and appreciably impaired by drugs, alcohol, or a combination of both. You can also be charged with driving with an unlawful alcohol concentration (DUAC) if a chemical test shows your alcohol concentration was 0.08 or more (S.C. Code Ann. § 56-5-2933). DUI and DUAC carry the same penalty tiers.
First and second offense DUI and DUAC are misdemeanors. A third offense is a Class A misdemeanor, and only a fourth or later offense is a Class F felony (S.C. Code Ann. § 16-1-90(F), § 16-1-100(A)). “Felony DUI” is a separate offense that applies when impaired driving causes great bodily injury or death. These are the main situations that raise the stakes:
- Great bodily injury or death. If a person 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, the person can be charged with felony DUI (S.C. Code Ann. § 56-5-2945). 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.
- Subsequent DUI offenses. A third DUI offense is not a felony. It is a Class A misdemeanor, and a fourth or subsequent offense is a Class F felony (S.C. Code Ann. § 16-1-90(F), § 16-1-100(A)).
- A DUI offense with minors in the vehicle. A passenger under 16 does not turn a DUI into a felony. Instead, a person 18 or older who commits DUI, DUAC, or felony DUI with a passenger younger than 16 in the vehicle can also be convicted of a separate offense, child endangerment. The penalty is up to one-half of the maximum fine and/or 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 (S.C. Code Ann. § 56-5-2947).
Related: First Time DUI in South Carolina
What is the Legal Limit in Greenville, SC?
DUI in South Carolina is impairment based. The State must prove that you were driving while your faculties to drive were materially and appreciably impaired, and Section 56-5-2930 does not set a specific alcohol level. Your alcohol concentration can still be used as evidence of impairment, and 0.08 is the alcohol concentration for the separate DUAC offense (S.C. Code Ann. § 56-5-2933).
South Carolina law also provides for inferences based on the blood test or breathalyzer results (S.C. Code Ann. § 56-5-2950(G)):
- If your alcohol concentration was 0.05 or less, it is conclusively presumed that you were not under the influence of alcohol;
- If your alcohol concentration was over 0.05 and under 0.08, there is no inference either way about whether you were under the influence; and
- If your alcohol concentration was 0.08 or more, it may be inferred that you were under the influence, and you can still challenge the State’s evidence and present your own evidence.
What is the Sentence for Felony DUI Offense in South Carolina?
The legislature sets criminal laws and potential punishments, and judges apply them when a person pleads guilty or is found guilty at trial. For felony DUI, the Code sets mandatory ranges that depend on the result of the crash (S.C. Code Ann. § 56-5-2945):
- Great bodily injury: a mandatory fine of $5,100 to $10,100 and mandatory imprisonment of 30 days to 15 years.
- Death: a mandatory fine of $10,100 to $25,100 and mandatory imprisonment of 1 to 25 years.
Part of the mandatory sentence cannot be suspended, and probation cannot be granted for any portion. After release from prison, the person must enroll in the Ignition Interlock Device Program, and the device is required for 3 years when great bodily injury results and 5 years when a death occurs.
If a person pleads guilty or is found guilty of felony DUI, the judge must sentence within those ranges. Your Greenville criminal attorney can explain how the Code applies to the facts of your case.
Contact Our Greenville DUI Criminal Defense Attorneys Today for Legal Advice
If you are facing jail time, your DUI criminal defense attorney can review your case and explain your options, including how the sentencing ranges apply to you. No lawyer can promise an outcome. After a DUI arrest, it is important to contact a DUI lawyer in Greenville as soon as possible. If you are facing a drunk driving charge in South Carolina, contact the DUI criminal defense attorneys at Touma Law Group today at 864-618-2323 to schedule a no-cost initial consultation.
