South Carolina takes driving under the influence very seriously. The state actively tries to discourage drivers from getting behind the wheel by imposing strict penalties for repeat violations. Though many DUIs result in minor misdemeanor charges, felony DUI charges can and do happen. And the potential consequences become drastically more severe and can have long-lasting impacts on your life.
Understanding what constitutes a felony DUI and the penalties you could face can help you better know what to expect before you speak with a South Carolina DUI defense attorney. Let’s take a closer look.
What Counts as a Felony DUI?
A DUI typically becomes a felony under specific aggravating circumstances that indicate a heightened level of risk and harm. That means your actions were severe enough that you threatened the safety of others, actively hurt others, or you’ve exhibited a history of behaviors that show you’re irresponsible on the road. The most common scenarios that lead to a felony DUI charge are:
- DUI resulting in great bodily injury: If you drive under the influence and, as a result, cause an accident where another person (excluding yourself) suffers “great bodily injury,” you will be charged with felony DUI. South Carolina law considers great bodily injury as one that puts an individual at risk of death, causes serious or permanent disfigurement or disability.
- DUI resulting in death: If your driving causes the death of another person, you will face a felony DUI charge at a minimum. You may also face additional charges depending on the nature of your case and the actions leading up to the accident.
- Fourth or subsequent DUI offense: Regardless of whether an injury or death occurs, a fourth or subsequent DUI conviction within a 10-year period in South Carolina is automatically classified as a felony. This is done to actively deter repeat offenses.
These are serious charges and, as you might imagine, the penalties you’ll face will fit the severity of the charges. Why? Because the state wants to keep other driver safe on the road and discourage you and others from committing DUIs in the future.
What Penalties Could You Face if Convicted?
The penalties you could face will depend on the nature of your accident and the danger you put others in by your actions. However, you may see penalties like the following:
- Mandatory jail time of up to 25 years depending on the severity of the incident
- Fines of up to $25,000 depending on the incident
- Suspension of your driver’s license
- Required installation of an ignition interlock device (IID)
- Permanent revocation of your driver’s license
Your South Carolina DUI defense attorney will be able to explain the penalties you could face after reviewing your case.
What to Do if You’re Charged with Felony DUI
Being charged with a felony DUI in South Carolina is a big deal. If you’re facing a felony DUI charge, take these steps:
- Remain silent: Do not discuss the details of the incident with anyone other than your attorney. Remember, law enforcement can use anything you say during the arrest and your time in jail against you in court. If they ask you questions, politely decline to answer them until your lawyer is present.
- Contact a DUI defense attorney immediately: A felony DUI charge carries severe penalties, and the sooner you can speak with an attorney, the better. They can advise you of your rights, investigate your case, and determine the best next steps for your defense.
- Provide details to your attorney: Try to remember any details about the incident, including the time, location, witnesses, and interactions with law enforcement that you had during your arrest. Provide this information to your attorney. They can use this to build a defense and represent your interests in court.
- Follow your attorney’s advice: Your attorney will guide you through the legal process, explain your options, and advise you on the best course of action. Listen to their advice and follow their instructions closely.
Schedule a Consultation Today
If you’ve been charged with a felony DUI, you still have rights. Schedule a consultation with Truslow & Truslow today and let our team help guide you through the legal process.