Being arrested and charged for driving under the influence can be a stressful experience. And South Carolina has some pretty strict laws in place to discourage DUIs and hold drivers who get behind the wheel while under the influence accountable for their actions. However, not all DUI convictions are the same, and understanding the differences can help you better prepare your defense when working with a South Carolina DUI defense attorney. Here’s what you need to know about the types of DUI that South Carolina can pursue by law.
There Are Two Types of DUIs
In South Carolina, DUIs can either be classified as a misdemeanor or a felony. Both carry hefty penalties and both can dramatically change your life. However, misdemeanors are widely considered to be less severe than felonies. Let’s take a closer look at the differences between the two.
What Counts as a Misdemeanor
Misdemeanor DUIs are more common. These DUIs are often charged at DUI checkpoints or during roadside checks when a police officer suspects that the driver is under the influence based on their behavior on the road. In most cases, misdemeanor DUIs don’t result in injuries or accidents or involve other people beyond the driver.
Under South Carolina law, drivers can be charged with misdemeanor DUIs for their first three violations provided that no one is injured and the driver didn’t get into an accident with another vehicle, person, or property.
What Makes a DUI a Felony
Felony DUI is much more serious. These charges come about as a result of having three previous DUIs on your record. But you can also be charged with a felony DUI if your actions while under the influence caused great bodily injury to another person or resulted in the death of another person.
The Punishments for Felonies Are More Severe
Though South Carolina has strict penalties for any driver charged with a DUI, the penalties for felony DUI are more severe. Drivers charged with a felony may face the following if convicted:
- A fine of $5,100 to $25,100 depending on your case
- A jail sentence of up to 25 years
- Driver’s license suspension for three years on top of your jail sentence
- Permanent suspension of your driver’s license for fourth and subsequent offenses
- Mandatory ignition interlock devices on vehicles
These punishments are designed to discourage individuals from getting behind the wheel while under the influence of alcohol or drugs. Keep in mind that the punishments you’ll face will depend on why you’re facing a felony charge. If it’s your fourth offense but no one got hurt, the punishments will likely be less severe. But if you injure or kill someone, you’ll likely face higher fines and longer jail sentences.
It’s Important to Work With a South Carolina DUI Defense Attorney
Because felonies are so serious and can dramatically alter your life, it’s important to work with an experienced South Carolina DUI defense attorney. Remember, just because you were pulled over doesn’t mean the charges against you will stick. An experienced defense attorney will be able to analyze the circumstances surrounding your case and help you mount the best defense possible.
Depending on your case, your attorney may be able to argue for a lesser charge or lighter penalties or get the charges against you dismissed.
Look for an attorney who specializes in DUI defense. They’ll have the background and knowledge needed to represent your interests in court.
Schedule a Consultation Today
If you’re facing a misdemeanor or a felony DUI charge, the sooner you can speak with an attorney, the better. Contact the team at Truslow & Truslow today to schedule a free consultation. We’ll help you understand your options and help you decide on your best next steps.