A DUI charge in South Carolina can become a felony depending on what happens as a result of the accident, whether the accident occurs in a single vehicle, and whether anyone is injured. The Greg McCollum Complete Legal Defense Team answers three common questions about how and when a DUI charge can be elevated to a felony under South Carolina law.
Frequently Asked Questions
What makes a DUI a felony?
What makes a DUI a felony in South Carolina is that someone is hurt as a result of the accident, or possibly killed. If a person is killed in a DUI accident, then that’s called a felony DUI with death.
If the person receives serious injuries, which is defined as great bodily harm, then that’s a felony DUI with injury. The felony DUI with death is very serious, obviously; it carries up to 25 years in prison, like a homicide. The great bodily injury carries up to 15 years in prison and is also classified as a felony.
Can I get charged with a felony DUI as a result of a one car accident?
A person can be charged with felony DUI as a result of a one-car accident. This happens when you’re driving the vehicle, and you’re being charged with DUI usually as a result of an accident where someone in your vehicle was either seriously injured or possibly killed.
That person could be a family member, could be a close friend of yours. That doesn’t make any difference. If a person is injured as a result of the one-car accident and they suspect that you were driving under the influence, then you will be charged with a felony DUI.
Does there have to be a car wreck to get charged with felony DUI?
There’s no legal requirement that there be an accident for someone to be charged with DUI or felony DUI, but in most instances that’s what happens. There may be some way that someone could be injured arising out of a DUI without an accident, but we never see that.
It always arises out of an accident where someone’s charged with DUI and someone is injured, seriously injured, or killed.
Facing a felony DUI charge in South Carolina can mean the difference between years and decades in prison, and having an attorney who understands how these cases are built can matter. Greg McCollum has roughly 30 years of experience and previously worked as a prosecutor, giving him insight into how the state approaches these charges.
If you have questions about felony DUI charges in South Carolina, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.
