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. A fourth or subsequent DUAC is a Class F felony, according to SC Code of Laws 16:1. Melissa Asko, 24, pleaded guilty to two counts of felony driving under the influence resulting in death and three counts of felony DUI with great bodily injury. Plea Deal in Felony DUI Case for South Beach "Party Princess" It was to blame for 29% of motor vehicle fatalities in 2015, according to the latest data from the National Highway Traffic Safety Administration. Read More: What Will My Probation Officer Do If I Fail an Alcohol Test? 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. What is a Felony DUI under South Carolina law? Mr. Jeffcoat strives to keep all his clients informed at all stages of their case. Many people will have to obtain a SR-22 insurance certificate when they want to have their licenses reinstated. running a stop light). In 2011, there were 9,878 deaths nationwide 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. Duncan Smith is a first time offender with a clean record. The law states that the penalties for the charge includes imprisonment of up to half the time associated with the DUI charge and a fine of up to half the maximum fine associated with the DUI. Read More: How to Get a DUI Removed From Your Driving Record. Fighting Felony DUI in Columbia, SC. 24 year old Destiny Mills was driving under the influence of alcohol, causing her to rear-end the vehicle of 21 year old Olivia Johnson, who was ejected from the vehicle and killed. **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. Penalties for a third DUI arrest include 60 days to three years of incarceration; a fine of between $3,800 and $6,300; additional fines and surcharges; completion of a state substance abuse treatment program; two years' drivers license suspension; and three years' installation of an ignition interlock device (IID). Felony charges usually below the legal limit. There are a number of administrative penalties that may be assigned to someone who has been convicted of a felony DUI. Both must be proven to convict. What Are the Penalties for Driving with a Suspended License in South Carolina? In addition, a driver who leaves the scene of an accident may also have his license suspended. National Drunk Driving Statistics Map - Responsibility.org Felony DUI : South Carolina Attorney : Matt Bodman Will I Keep My License If My DUI Charge Is Reduced? 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. What Is a Felony DUI in South Carolina? - Driving Laws Charges now filed in connection to death of SC State student, recent If convicted, this offense has a maximum sentence of ten years in state prison along with up to $10,000 of fines. Felony DUI with Great Bodily Injury In every state, it's illegal to drive drunk, yet one person was killed in a drunk-driving crash every 45 minutes in the United States in 2020. No Legal Advice Intended. She was released on a $100K bond and requirement to wear an alcohol monitor to track consumption. Understanding South Carolina's Reckless Vehicular Homicide Under South Carolina law, the penalty for involuntary manslaughter is up to five years' incarceration and a fine up to $25,000. Ultimately, it will be your decision whether to accept any plea offer or to take the case to trial. In March 2014, a man was sentenced to 10 years after he ran into the back of a car on the Cooper River Bridge and killed the other driver. Clients may be responsible for costs in addition to attorneys fees. 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. a strong legal professional involved can greatly increase a defendant's Columbia, SC man killed after hit by car: Richland County Coroner | The lifetime, depending on how many previous offenses the convicted person DUI 1st, 2nd, 3rd, 4th, or subsequent offenses are classified as misdemeanors. There are several factors that will immediately elevate a misdemeanor DUI to become a felony charge. We provide representation in the following practice areas-local and state criminal law, dui defense, domestic violence, felony crimes, juvenile defense, drug charges, assault & battery, criminal sexual conduct, property crimes, white collar crimes and personal injury law. What is the South Carolina Ignition Interlock Device Program? The person was under the influence of alcohol, drugs, or a combination. 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. A law enforcement investigation determined that A.J.'s death was caused by Nelson's act of attempting to cross the highway with A.J. Under this law, your blood alcohol concentration (BAC) may even be below the 0.08% presumptive level. If the victim was a child under the age of 16, the maximum sentence is life in prison. Beyond that, the consequences the at-fault party faces are much greater in a . For example, if the person injured has a broken arm placed in a cast, the prosecutor can argue that the 8 weeks in the cast is enough to be a protracted loss or impairment of the function of a bodily member.. These charges are legally vague and can apply to many typical driving situations. No part of the minimum sentence for a DUI offender may be suspended. by Futeral & Nelson, LLC | DUI Attorney, DUI Defense in Charleston, South Carolina. risk of death, or that causes "serious, permanent disfigurement" 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. Second offense : $2,100-5,100 fine and a minimum of 5 days to 1 year in jail. 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. In South Carolina, there were 315 fatalities in 2011 How to Get a DUI Removed From Your Driving Record, South Carolina Department of Public Safety: SC Laws Relative to Impaired Driving, South Carolina Code of Laws: Title 56, Motor Vehicles, Chapter 5, Uniform Act Regulating Traffic on Highways, South Carolina Department of Public Safety: Alcohol and Impaired Driving, South Carolina Code of Laws: Title 56, Motor Vehicles, Chapter 1, Driver's License, Fifth Judicial Circuit Solicitor's Office: DUI Treatment Court Program, South Carolina Code of Laws: Title 16, Crimes and Offenses, Chapter 1, Felonies and Misdemeanors, Accessories, Legal Beagle: South Carolina DUI Laws, Fines & Penalties, Legal Beagle: The Pros & Cons of a Standard DUI. 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. How a particular traffic offense is classified generally depends on the jurisdiction, the offender's prior . 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. For a DUI case, the prosecution must prove that a person drove while under the influence of alcohol, drugs, or both, to the extent that the persons faculties to drive a motor vehicle are materially and appreciably impaired. For a felony DUI, the prosecution must prove: (1) a person was driving under the influence of alcohol, drugs, or both; (2) while driving the person did any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle; and (3) the act or neglect caused great bodily injury or death to a person other than the driver. The injury or death could be to the occupants of another vehicle, a pedestrian, or even the passengers in the defendants vehicle, but it must be an injury to another person if the defendant only hurt themselves in a crash, that is charged as an ordinary DUI. SC Code 56-5-2945 contains the elements of the offense of felony DUI in SC. 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 majority of people do not know the risk of being convicted for DUI. The defendants negligence was the proximate cause of great bodily injury or death to another person. James Lacy. They will subpoena bank records or credit card statements to determine how much money the defendant spent at bars, they will actively seek witnesses who can testify as to the defendants condition before or while driving, and they will subpoena the defendants medical records. 3 factors that can lead to a felony DUI in South Carolina The second element, as written, may allow individuals who are under the influence, but do nothing else wrong, to escape a serious felony DUI charge. 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.. Check out our featured videos for some legal advice from our attorneys! 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. meaning the driver had alcohol in his or her system but was technically Typically, felony hit and run occurs when a driver leaves the scene of an accident in which a driver or pedestrian has been injured.
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