If you’ve been arrested for DUI, the first question on your mind is likely how that charge will impact the rest of your life. As your South Carolina DUI defense attorney can attest, the penalties you’ll face can be severe. You’ll owe fines, may lose access to your driver’s license, may be required to install an ignition interlock device on your vehicle and spend time in jail.
The exact jail sentence you’ll face will depend on whether you’ve been charged with a misdemeanor or a felony. As you might expect, sentences for felony DUIs are typically more severe. Let’s take a closer look.
Your Jail Sentence Will Depend on the Circumstances of Your Case
There’s no one-size-fits-all approach to DUI punishments in South Carolina. The state and the court consider the circumstances surrounding your case when setting your sentence. These are the sentences you may see based on your DUI.
Jail Time for Your Fourth or Subsequent DUI
If you’ve been convicted of driving under the influence three times prior to your most recent charge, you’ll automatically be charged with a felony DUI. This is true even if you didn’t get into an accident or injure someone other than yourself.
For fourth or subsequent DUIs, you can expect to spend between one and seven years in prison. The lower your BAC level, the shorter your jail sentence will likely be. And if you’ve been convicted of driving under the influence more than four times, your sentence will likely be longer. This is to discourage you from making the same choice in the future.
Jail Time After Injuring Someone
If your DUI resulted in an injury to someone other than yourself, the punishments will be more severe. You’ll have to pay a higher fine and will be subject to a mandatory jail sentence that ranges between 30 days and 15 years.
Ultimately, the court will consider the severity of the other person’s injuries, your BAC level, and your previous infractions when making their decision. Typically, fines and jail time will be lower if the injuries aren’t extensive, and you have an otherwise pristine criminal record. But if you’ve been convicted of DUI in the past, caused significant damage, and had a high BAC level, your sentence will typically be longer.
Jail Time After Killing Someone
It should come as no surprise that your jail sentence will be longer if your actions result in the death of another person. It doesn’t matter if that person was a passenger or someone else on the road. You’ll face a mandatory jail sentence of one to 25 years and hefty fines.
Again, the court will determine the appropriate sentence based on the circumstances of your case.
Jail Sentences Aren’t Set in Stone
It’s important to note that the court does take your entire case into consideration when determining a fair sentence. You may not have to serve the maximum jail sentence even if your actions resulted in the death of another person. It all depends on the way your South Carolina DUI defense attorney represents your case, the way you conduct yourself in court, and the facts surrounding your DUI. That’s why it’s a good idea to choose an experienced DUI defense attorney to represent your case.
Experienced legal professionals know the ins and outs of South Carolina’s DUI laws and can represent your case and your best interests before the court.
Schedule a Consultation Today
If you’re facing a felony DUI charge, you don’t have to rely on a state-appointed attorney to oversee your case. Instead, work with a South Carolina DUI defense attorney of your choosing. Contact us today to schedule a free consultation and see how the team at Truslow & Truslow can help.