How Prior DUI Convictions Can Lead to a Felony Charge in SC

Facing your first DUI conviction can be stressful, but if you’ve been through the process before, you know what to expect during the arrest and hearing. But what you may not know is how prior convictions can lead to a felony DUI charge. 

In South Carolina, the state takes DUI seriously and actively wants to deter drivers from getting behind the wheel after having one too many. That’s why the state becomes less forgiving and understanding of repeat offenses. Here’s what your South Carolina DUI defense attorney wants you to know about prior convictions leading to felony charges in the future.

Your Fourth DUI Charge Will Be a Felony

Under South Carolina law, your fourth DUI charge will automatically be a felony charge, even if you didn’t hurt anyone and weren’t involved in any accidents. As with most of the state’s punishments, the goal is to deter people from driving under the influence, and by making the fourth charge an automatic felony, the hope is that fewer drivers will get behind the wheel when they shouldn’t.  

Subsequent DUI Charges Will Also Be Felonies

If you’re convicted for a fourth DUI and get caught driving under the influence in the future, that charge and any after it will also be felonies. That means once you reach that felony threshold, you’ll only face felonies for DUI in the future. This is true even if you’re barely over the legal limit. 

The Punishments You’ll Face for Felony DUI

As you can imagine, the punishments for felony DUIs are more severe than misdemeanor DUIs. Here’s what you can expect if you’re convicted for a felony DUI.

You’ll Face Longer Jail Sentences

The amount of time you’ll spend in jail for fourth and subsequent DUIs will be significant. Forth offenses have mandatory jail sentences of between one month and seven years depending on your BAC level. The higher your BAC level is, the longer your jail sentence will likely be. If your DUI results in an injury to another person, you may have to serve up to 15 years in prison, and if you kill someone, you could face 25 years in jail. 

Fines Will Be Higher

You’ll also have to pay higher fines to the state for felony DUIs, depending on the severity of the charges against you. If your DUI resulted in injuries to another person, you may have to pay fines of $5,100 to $10,100. And if you kill someone, the fines rise to $10,100 to $25,100.

Previous Convictions Can Result in License Revocation

Felony DUIs also typically result in a lifetime suspension of your driver’s license. This means you won’t be able to legally get behind the wheel ever again. That permanent license revocation can alter the course of your life and may force you to rely on rides from friends and family or force you to move to an area serviced by public transportation.

You May Be Required to Attend Alcohol and Drug Treatment Programs

Fourth and subsequent offenses may also result in mandatory attendance at an alcohol and drug treatment program. Your attorney can explain how these programs work, what may be expected of you, and if these programs will be mandatory.

Felony Convictions Can Impact Your Life

Felony DUI convictions can dramatically alter your life and keep you from enjoying the activities and events you used to. But you still have the right to argue your case in court and, if you’re successful, you may be able to get back to life as normal a bit more easily. 

Make sure you’re working with an experienced South Carolina DUI defense attorney from the beginning. Contact us today to schedule a free consultation and see how our team can help you create the best defense possible.