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If you’re facing a DUI manslaughter charge in South Carolina, exercise your right to remain silent. Contact an attorney as soon as possible.
Review the charges to understand what must be proven against you and your legal rights. Investigate and build defenses. DUI manslaughter is a serious charge that can result in prison time and other penalties. Having a Columbia DUI defense lawyer is critical to aggressively fighting the charges.
What Is DUI Manslaughter Under South Carolina Law?
DUI manslaughter under South Carolina law is S.C. Code § 56-5-2945. It is like a drunk driving charge, with the added requirement that the DUI results in the death of another. DUI manslaughter in South Carolina is a felony offense with severe penalties.
Elements of DUI Manslaughter SC
To be convicted of DUI manslaughter, the following must be true. The person:
- Drove a motor vehicle
- While under the influence of alcohol, drugs, or a combination of both
- Did a forbidden act of law or neglected to perform a duty
- Proximately causing death
All the elements of DUI manslaughter must be present for the person to be convicted.
The Difference Between DUI Manslaughter and DUI with Injury
DUI manslaughter involves the death of another person. The death must result within three years of the accident. (See S.C. Code § 16-3-5).
If great bodily injury results, instead of death, a person may still face DUI with injury charges under S.C. Code § 56-5-2945. However, when injury results instead of death, the potential penalties are less severe. Mandatory imprisonment ranges from 30 days to 15 years.
To qualify as DUI with injury, the injury must be significant. The law defines great bodily injury as physical injury creating a substantial risk of death or injury causing serious, permanent disfigurement or protracted loss or impairment of a bodily member or organ.
Potential Penalties If Convicted
The potential penalties for DUI manslaughter are:
- 1 year – 25 years in prison
- $10,100 – $25,100 fine
- License suspension, plus five years Ignition Interlock Device Program
The DUI manslaughter minimum sentence is at least one year of imprisonment. The court cannot waive the mandatory minimum – the one-year DUI manslaughter sentence must be served.
Sentencing for DUI manslaughter
The court determines the sentence between the minimum and maximum penalties. A person may serve one year, and they may serve 25 years. The court weighs various factors to determine the appropriate sentence, including statements from the surviving family and previous criminal history.
The sentencing hearing is important. You may have representation from an attorney at every stage, including your case sentencing.
A person is only sentenced for crimes they’re convicted of. If the person is found not guilty, there is no sentence. If they’re convicted of lesser charges, they face the maximum of the lesser charges.
Legal Defenses That May Apply to Your Case
Examples of DUI manslaughter defenses are:
- The person was not under the influence of alcohol, drugs, or a combination of substances
- No driving error, no negligent act or omission occurred
- Improper administration of chemical testing
- Police questioning without reading rights or after asserting the right to an attorney
- Field sobriety test errors
- Unreliable chemical test results because of a time lapse between driving and testing
- No death occurred because of the accident; death resulted from other causes
- The person charged did not meet the legal definition of driving a vehicle
- Unreliable witness testimony about the cause of the accident
You may raise all defenses that apply. It’s important to prepare a legal strategy based on the specifics of the case.
Lesser charges, other charges
There are several South Carolina criminal charges related to DUI manslaughter:
- Drunk driving (DUAC vs. DUI Charges in South Carolina)
- Enhanced drunk driving penalties for a high bodily alcohol content
- Increased potential penalties for repeat drunk driving offenses
- Reckless vehicular homicide, reckless driving
A lawyer can help you review the charges and prepare a defense strategy.
Why Fault and Causation Matter More Than You Think
Fault and causation are two critical parts of any South Carolina DUI manslaughter charge. It isn’t enough that the person was drunk driving or even that someone was killed. All the events and elements of the crime must be related.
The intoxicated person must have committed a driving error, like running a stop light, striking the vehicle in front of them, or improper lane change. They must be at fault for the accident, because of a driving error or omission. Then, their actions or inaction must be the cause of the person’s death. If the person happens to die from unrelated causes, the driver is not guilty.
Fault and causation are two critical areas to evaluate when defending charges of DUI manslaughter. If either element is not met, the state has not proven the charges. By contrast, basic drunk driving does not require any driving error or harm to have occurred.
Contact an Experienced Columbia DUI Defense Lawyer
DUI manslaughter is a serious criminal charge. You can aggressively fight the charges against you with the help of an experienced Columbia DUI defense lawyer. At Shealey Law Firm, we help people respond to, and defend against, serious criminal charges. Contact us today.