Felony DUI

In South Carolina, Felony DUI is split into two separate charges: Felony DUI Resulting in Great Bodily Injury and Felony DUI Resulting in Death.

The South Carolina Felony DUI statute for death and great bodily injury can be found at 56-5-2945 and is defined as someone who drives a motor vehicle while under the influence of drugs or alcohol and does any act forbidden by law or neglects any duty required by law and, as a result, causes great bodily injury or death to occur to another. 

While the elements for Felony DUI Resulting in Death and Felony DUI Resulting in Great Bodily Injury are the same (aside from either death or injury resulting), the penalties are different. The penalties for DUI Resulting in Great Bodily Injury range from a mandatory thirty (30) days in jail to fifteen (15) years and a fine of $5,000 to $10,000. Your driver’s license will also be suspended and you will need to enroll and complete an Alcohol and Drug Safety Action Program (ADSAP) as well as carry SR-22 insurance and have an ignition interlock device installed for a minimum of three (3) years.

The penalties for Felony DUI Resulting in Death range from one (1) year to twenty-five (25) years incarceration and a fine of $10,100 to $25,100. Your driver’s license will also be suspended and you will need to enroll and complete an Alcohol and Drug Safety Action Program (ADSAP) as well as carry SR-22 insurance and have an ignition interlock device installed for a minimum of five (5) years.

If you have been charged with Felony DUI, it is important to consult with an experienced DUI lawyer within 10 days or your arrest. You otherwise risk losing your right to a preliminary hearing. Our lawyers are experienced in both DUI and Felony DUI cases. Give us a call at your earliest convenience at (864) 271-3535.