Some DUIs in SC are misdemeanors, while others are felony offenses. What makes a DUI a felony in SC?

Felony DUI charges usually involve a death or a serious injury – these cases are complex, often receive media coverage, and are aggressively prosecuted by police and prosecutors who may be under pressure from a victim or their family to get a conviction and prison sentence.

These cases are different from an “ordinary” DUI in terms of what the State must prove in order to get a conviction, how seriously the State will take your prosecution and the severity of the potential penalties.

In this article you will learn:

• What a felony DUI looks like
• What the punishment for a conviction of felony DUI includes

What is a “Felony DUI?”

“Felony DUI” refers to a DUI where the driver crashed, and someone was killed or where great bodily injury resulted.

A fourth offense (or more) DUI or DUAC is also a felony, but it is not a “felony DUI.”

Two Types of DUIs That Are Felonies

1. Fourth and Subsequent DUIs

“Ordinary” DUI (driving under the influence) or DUAC (driving with an unlawful alcohol concentration) charges are classified as misdemeanor offenses unless you have three or more prior convictions for DUI.

Although a fourth or subsequent DUI is a felony, it is not a “felony DUI.” Felony DUI in SC typically refers to a DUI offense where a person is killed or seriously injured.

2. Felony DUI Resulting in Death or Great Bodily Injury

Felony DUI Resulting in Death

Felony DUI is defined in SC Code Section 56-5-2945. To be convicted of felony DUI, the state must prove that a person:

• Was under the influence of alcohol, drugs, or both;
• Was driving a motor vehicle;
• Committed “any act forbidden by law or neglect[ed] any duty imposed by law” while driving; and
• That “act or neglect proximately cause[d] great bodily injury or death to another person.”

Committing an act forbidden by law or neglecting a duty imposed by law ordinarily means committing a traffic violation – that could be speeding, not using a turn signal, blowing through a stop sign, or driving down the wrong side of the highway.

If the state proves that a person 1) was driving 2) while under the influence and 3) that they committed a traffic violation, they must still prove 4) that the traffic violation caused someone’s death.

Proximate cause is defined as “An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred.” In other words, but for the traffic violation committed by the drunk driver, the other person would not have died.

Even if a person is driving while drunk, there is no felony DUI unless the state proves both a traffic violation and proximate cause beyond any reasonable doubt.

Felony DUI Resulting in Great Bodily Injury

Felony DUI resulting in great bodily injury has the same elements as felony DUI resulting in death (see above), except there was no death. Instead, 1) the traffic violation committed by a person who was 2) driving 3) while intoxicated 4) resulted in great bodily injury.

As with felony DUI resulting in death, the traffic violation must be the proximate cause of the other person’s great bodily injury. But what does great bodily injury mean?

SC Code Section 56-5-2945(B) defines great bodily injury as an “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, for example, a broken nose would probably not qualify. But third-degree burns, a punctured organ, or any injury that results in disability probably would qualify.

If there is an accident, a driver is intoxicated, and someone is injured in the accident, it’s still not a felony DUI unless the injuries meet the definition of “great bodily injury” above. Other DUI accidents are charged as an “ordinary” DUI or DUAC.

What are the Penalties for Felony DUI in SC?

Felony DUI, and DUI fourth or subsequent which is a felony, carry more severe penalties than other types of DUI offenses in SC, as well as collateral consequences that are not always obvious.

Fourth and Subsequent DUIs

A fourth offense (or more) DUI conviction carries the most severe penalties of any “ordinary” DUI offense in SC.

If convicted, you will be required to install an ignition interlock device (IID) “for life” (although there is a process to regain your license and remove the IID after five years), and you could be sent to prison for as much as seven years depending on the blood alcohol content (BAC) result:

• BAC less than .10: 1-5 years in prison;
• BAC .10 up to .15: 2-6 years in prison; and
• BAC .15 or greater: 3-7 years in prison.

Felony DUI Resulting in Death

Felony DUI resulting in death carries a potential sentence of no less than one year and up to 25 years in prison, and a fine of $10,100 to $25,100.

The person’s license is suspended, and, after they are released from prison, they must install an ignition interlock device, enroll in the Ignition Interlock Device Program under SC Code Section 56-5-2941, and for the next five years they can only drive with an ignition interlock restricted license under SC Code Section 56-1-400.

For the mandatory minimum sentence, probation cannot be granted, and the sentence cannot be suspended.

Felony DUI Resulting in Great Bodily Injury

Felony DUI resulting in great bodily injury carries a potential sentence of no less than 30 days and up to 15 years in prison, and a fine of $5,100 to $10,100.

The person’s license is suspended, and, after they are released from prison, they must install an ignition interlock device, enroll in the Ignition Interlock Device Program under SC Code Section 56-5-2941, and for the next three years, they can only drive with an ignition interlock restricted license under SC Code Section 56-1-400.

For the mandatory minimum sentence, probation cannot be granted, and the sentence cannot be suspended.

Other Penalties for DUIs That Are Felonies

Many collateral consequences could apply to any DUI conviction, including:

• ADSAP: the Alcohol and Drug Safety Action Program;
• Reinstatement fees paid to the DMV;
• Supervision fees paid to the Department of Probation, Pardon, and Parole;
• Ignition interlock device fees;
• License suspensions;
• License revocation as a habitual traffic offender;
• Social stigma; and
• Inability to find meaningful employment.

Charged with a Felony DUI in SC?

If you are charged with felony DUI in SC, the state is going to aggressively prosecute you and try to put you in prison.

Get an experienced felony DUI defense attorney on your side immediately who can investigate your case, find the evidence to prove your innocence when possible, negotiate with the state, and try your case to a jury when necessary.

Call 843-761-3840 or use this form to contact us today to discuss your case and start working towards the best possible outcome for you.