In South Carolina, a DUI offense can be classified as a felony under specific and more extreme circumstances. Due to the serious nature of felony DUI charges, individuals facing such allegations should seek immediate legal representation from an experienced DUI defense attorney.
Our team of skilled attorneys will assess the details of the case, build a strong defense strategy, and advocate for the best possible outcome, whether through negotiation, plea bargaining, or trial representation.
Death or Bodily Injury
If a DUI leads to an accident causing great bodily injury to another person, the offense can be charged as a felony. Great bodily injury refers to injuries that are serious, permanent, or potentially life-threatening. This could include, traumatic head injuries, spinal cord damage, internal bleeding, or even multiple broken bones that make it difficult or impossible for the other party to continue life as they had before.
Additionally, if a DUI results in the death of another person, it is considered a felony offense known as DUI manslaughter.
Minor Passenger
If you are driving under the influence with a child in the car, this could escalate your charge to a felony, especially if you are involved in an accident. A DUI car accident with a minor in the vehicle is considered child endangerment and is a serious offense and can come with additional legal consequences.
Third DUI Offense
In the state of South Carolina, your first 2 DUI’s in a 10 year period are typically considered misdemeanors, but subsequent accidents within that time frame are often felony charges and can come with penalties of up to three years in prison and fines for up to $12,000.
Penalties for A Felony DUI Charge in South Carolina
When DUI Leads To Great Bodily Injury: You will receive a mandatory fine between $5,100-$10,100 and a mandatory prison sentence of 30 days to 15 years.
When DUI Leads To Death: You will receive a mandatory fine between $10,100-$25,100 and a mandatory prison sentence of 1-25 years.
4th or Subsequent Offenses:
| BAC Level | Penalty | Mandatory IID | License Suspension |
| <.10% | Jail Time: 1-5 years | Life | Can only drive pursuant to the Ignition Interlock Device Program |
| .10-.15% | Jail Time: 2-6 years | Life | Can only drive pursuant to the Ignition Interlock Device Program |
| >.15% | Jail Time: 3-7 years | Life | Can only drive pursuant to the Ignition Interlock Device Program |
