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A DUI is not always a felony in South Carolina. A drunk driving charge is a felony if great bodily injury or death occurs, if the person is a four-time repeat offender, or if the person is a three-time offender with a blood alcohol content of .10 or more.
The experienced Columbia criminal defense lawyers at Shealey Law Firm explain when DUI is a felony in South Carolina.
DUI Classifications: Misdemeanor vs. Felony in South Carolina
In South Carolina, a DUI can be a felony or a misdemeanor, depending on the circumstances of the DUI offense and the offender’s criminal history.
A first DUI can be a felony. Likewise, a DUI can be a felony even if no one is injured. But not all DUIs are felonies.
Misdemeanors vs. felonies in South Carolina
In general, in the criminal system, felonies are the more serious offenses, while misdemeanors are less serious.
In South Carolina, the most serious misdemeanors are Class A misdemeanors, punishable by up to three years in jail. The law states that all offenses punishable by less than a year in jail are also misdemeanors and exempt from the classification system.
Generally, if an offense is punishable by up to three years’ incarceration, it is a misdemeanor. If an offense is punishable by more than three years’ incarceration, it is a felony.
Other states use different standards to distinguish between misdemeanors and felonies. For example, it’s common in other states that the distinction between misdemeanors and felonies is whether the offense is punishable by more or less than one year in jail.
Factors That Can Elevate a DUI to a Felony Charge
A DUI can be elevated to a felony depending on these factors:
- Great bodily injury or death of another
- Prior convictions
- The person’s blood alcohol content
When it comes to great bodily injury or death, prior offenses and alcohol content don’t matter. If there’s no serious injury, either prior convictions or a high blood alcohol content can elevate a DUI to a felony offense.
When Does a DUI Become a Felony in SC?
A DUI becomes a felony in SC if:
- Another person suffers great bodily injury, regardless of blood alcohol content
- Another person suffers death, regardless of blood alcohol content
- Fourth or subsequent offense + blood alcohol content .08-.10
- Third or subsequent offense + blood alcohol content .10+
Note: If it’s the person’s third or subsequent offense, their blood alcohol content still matters when it comes to potential penalties. A third offense with a BAC of .10-.15 is punishable by 90 days to four years in jail, while a third offense with a BAC of .16 or more is punishable by six months to five years in jail.
Is a DUI a felony in SC because of high blood alcohol content?
Maybe. If the offender does not have any prior drunk driving offenses, a high blood alcohol content alone doesn’t make the offense a felony. Even when a BAC is .16 or more, a first offense DUI is punishable by up to 90 days in jail, unless there is bodily injury or death.
High blood alcohol content can make a DUI a felony when it’s combined with prior offenses.
Felony DUI in South Carolina
DUI causing serious injury is punishable by 30 days to 15 years’ incarceration, and a $5,100 to $10,100 fine.
DUI causing death is punishable by one to 25 years’ incarceration and a fine of $10,100 to $25,100.
Drunk driving causing serious injury or death is S.C. Code § 56-5-2945. The section is entitled “Offense of felony driving under the influence.” When great bodily injury or death occurs, the offense is a felony in the title. But even a DUI without injury can fall into the category of felony offenses depending on charging enhancements.
Penalties for Felony DUI vs. Misdemeanor DUI
See penalties for DUAC and DUI in South Carolina.
If a DUI offense is a misdemeanor, there may not be mandatory jail time. The highest possible incarceration for misdemeanor DUI in South Carolina is three years in jail.
If a DUI offense is a felony, the potential penalty starts at five years but may be up to 25 years.
How is jail time determined for DUI?
Not every offender receives the maximum possible jail or prison sentence. The judge decides the appropriate sentence for each offender.
How a Columbia DUI Defense Attorney Can Help Protect Your Future
A Columbia DUI defense attorney can help protect your future by fighting the DUI charge in all respects. They can identify and raise defenses.
Your attorney can help you challenge blood alcohol content enhancements. Successfully fighting the BAC charge can lower your possible exposure. An attorney may also question the severity of injuries or the causation of death if you’re charged with felony DUI under S.C. Code § 56-5-2945.
Your attorney can give legal advice, negotiate potential plea offers, and represent you in court.
Talk to a Columbia DUI Defense Attorney
If you’re wondering if your DUI is a felony in SC, contact Shealey Law Firm. Talk to a Columbia DUI defense attorney about your case and how a lawyer can protect your future. Call or message us now.