The majority of DUI charges in South Carolina are misdemeanors. These charges are less severe, and while convicted drivers will still need to deal with the consequences, the consequences are lighter, shorter-term, and easier to manage. When you’re charged with a felony DUI, the process gets a bit tougher. But for a DUI to count as a felony, your case must satisfy several components. Here’s what your South Carolina DUI defense attorney wants you to know about these felony charges and what you can do if you’re charged with felony DUI.
The Three Components of a Felony DUI Charge
Simply driving with a BAC level over the legal limit isn’t enough to constitute a felony charge. Your case must satisfy three components for law enforcement to charge you with a felony. Let’s take a closer look at what they need to show.
They Must Show That You Were Driving Under the Influence
To be charged with a DUI, you must be under the influence of drugs or alcohol. If you’re suspected to be under the influence of drugs like cocaine, marijuana, or heroin, they’ll typically perform a blood test to confirm those suspicions. If you’re driving under the influence of alcohol, they must be able to show that your BAC level is over the legal limit of 0.08%. If you’re below the legal limit or your blood test comes back negative for any controlled substances, your charges may be dropped.
Your Actions Must Violate Another Law
For a felony DUI charge to be brought, your actions behind the wheel must also have violated another law. This could involve reckless driving, failing to stay in your lane, speeding, or other similar infractions. This violation may typically serve as the reason that the officer pulled you over, constituting a legal stop.
You Must’ve Caused Great Bodily Injury or Death to Someone Else
For the DUI charge to count as a felony, your impairment must result in severe injuries or the death of another person. This could be a pedestrian, cyclist, other driver, a passenger in another vehicle, or even a passenger in your own vehicle. Injuries to yourself do not fulfill this requirement.
The Penalties You Can Face
If convicted of a felony DUI, the punishments you could face will depend on the severity of the injuries you cause to others. If you caused great bodily injury, you could face:
- Jail sentences of 30 days to up to 15 years in federal prison
- A fine of between $5,000 to $10,000
- Suspension of your license for your full time in jail plus a mandatory three years
If you cause death, the punishments can be more severe. They include:
- Mandatory jail sentence in federal prison for between 1 and 25 years
- A fine of between $10,100 to $25,100
- Suspension of your license for your full time in jail plus a mandatory five years
Your South Carolina DUI defense attorney will be able to represent your case and argue for a lighter jail sentence and fine. Ultimately, it’s up to the court to determine the appropriate settlement based on the evidence presented and the arguments your legal team makes in court.
Work With a South Carolina DUI Defense Attorney
If you’re facing a felony DUI charge, the best thing you can do is work with an experienced DUI defense attorney. They’ll represent your case and help you put your best foot forward with the court.
Keep in mind that there’s no guarantee that you’ll be able to reduce the penalties you face. Your case will be decided based on the evidence.
Schedule a Consultation Today
If you’ve been charged with a DUI, whether you’re facing a misdemeanor or a felony charge, the sooner you can speak to an experienced South Carolina DUI defense attorney, the better. Contact Truslow & Truslow to schedule a free consultation.