Everyone knows that driving under the influence can get you in trouble with the law. For many drivers, DUI convictions result in misdemeanors, which while disruptive to your life, are often regarded as minor nuisances. For drivers convicted of felony DUI, the impacts can be far more severe and far-reaching. Here’s what your South Carolina DUI defense attorney wants you to understand about felony convictions and what you can expect if you’re facing one.
What Counts as a Felony DUI?
There are three main factors that can immediately result in a felony DUI charge:
- You cause great bodily harm or death: If you’re in an accident that results in severe injuries to another person, you will likely be charged with a felony DUI.
- You’ve been convicted of at least two prior DUIs: South Carolina treats repeat offenses as more serious violations. If you’ve been convicted of at least two DUIs in the past, your third and any subsequent DUIs will be a felony.
- You were arrested with children in the car: If you had minors in the car with you when you were arrested for DUI, the charge would be a felony.
If you’re facing a felony DUI, working with an experienced South Carolina DUI defense attorney can help you represent your case effectively.
What Happens With a DUI Conviction
If the state is successful in showing that you’re guilty of felony DUI, the penalties you’ll face could be more severe. Though your attorney will do what they can to reduce the severity of those penalties, you’ll want to be prepared to face the following.
You’ll Pay Higher Fines
The fines for felony DUI are typically higher than what you’d face with a misdemeanor, and the fine you’ll pay depends on the circumstances surrounding your case. Here’s the breakdown:
- Fines for great bodily injury: If your actions caused great bodily injury or harm to another person, you’ll have to pay a fine of $5,100 to $10,100. This fine is on top of any legal fees, assessments, and surcharges due.
- Fines for death: If your actions resulted in the death of another person, you’ll have to pay a fine of $10,100 to $25,100. This fine is on top of any legal fees, assessments, and surcharges due.
Though you may be able to pay those fines over time, they can take a serious toll on your family’s budget.
You May Go to Jail for a Longer Time
Misdemeanor DUI charges often result in jail time of up to 30 days. But when you’re convicted of a felony, the jail sentence can be more severe. Instead of being able to pay a fine and waive your jail time, the sentence is mandatory. For accidents resulting in great bodily harm, individuals can face jail sentences of 30 days to 15 years. For accidents resulting in death, individuals may be sentenced to jail for one to 25 years.
The court will decide the appropriate sentence based on your case. Your attorney may be able to encourage them to decrease your mandatory jail sentence.
You May Need an Ignition Interlock Device on Your Car
Felony DUI convictions typically require drivers to install ignition interlock devices on their vehicles if they want their driver’s license reinstated after serving their sentence. These devices prevent the car from starting if you have alcohol in your system. The cost of the installation and maintenance of these devices is yours to bear out of pocket.
Make Sure You Have Good Representation
Facing a felony DUI charge is a serious matter. You deserve someone who will fight for you and do everything they can to help you get fair treatment in court. At Truslow & Truslow, our experienced South Carolina DUI defense attorneys are here to help. Contact us today to schedule a free consultation.