Is a DUI in South Carolina a Felony?
Depending on the specific circumstances surrounding your DUI incident, you could be charged with felony DUI in South Carolina. In most cases, however, a DUI is usually a misdemeanor in SC. Whether you are facing a felony or misdemeanor charge, getting a DUI conviction can easily upend your life.
That is why it’s in your best interest to consult a Greenville, SC, DUI defense attorney as soon as you get arrested for or charged with a DUI. Your attorney will guide you throughout your case from start to finish, from evaluating the specifics of your DUI incident to collecting evidence to support your case, getting your driver’s license back, reviewing the prosecution’s evidence against you, and fighting for your freedom in court if needed.
When a DUI is a Misdemeanor in South Carolina
You can be charged with a misdemeanor DUI when you were operating your vehicle and your blood alcohol content (BAC) was higher than the lawful limit, which is 0.08 percent, at the time of the incident. The lawful BAC limit for drivers younger than 21 is 0.02 percent in South Carolina. The penalties, including fines and related fees, range from $1,000 to $13,000 and incarceration for 30 days to five years, and will vary based on whether it was your first or subsequent DUI offense.
When a DUI is a Felony in South Carolina
A felony DUI charge vastly differs from a charge of misdemeanor DUI. You can be charged with a felony DUI if you severely injured or killed another individual during the DUI incident. Severely injuring someone means inflicting great bodily harm on the victim and can refer to any of the following:
- Any injury that can possibly lead to death
- Permanent disfigurement or scarring
- Impairment or loss of a bodily system or limb
The penalties for a felony DUI conviction are also more severe than those for a misdemeanor DUI. If your case involves great bodily harm, you can face up to 15 years of jail time and fines, including surcharges and assessments ranging from $5,100 to $21,100. If your DUI case involves the death of another person, you can face jail time of up to 25 years and fines and related fees between $10,100 and $52,200.
In South Carolina, a third DUI offense is a felony. The penalties for this charge may be reduced if the offender’s BAC is lower than 0.10 percent and increased if their BAC is higher. In addition, if the DUI incident involved a minor passenger who’s 15 years or younger, the offender may be charged with a DUI and child endangerment, which are two separate charges. If the minor is severely injured or killed, the offender will be charged with a felony DUI.
Seek Legal Assistance With Our Greenville, SC, DUI Defense Attorney Today
Regardless of the DUI charge you’re facing, whether a felony or misdemeanor, a DUI conviction can wreak havoc on your entire life. Getting started on your DUI case as early as possible is crucial so you can explore the best recourse for your specific situation and mitigate any consequences of a conviction. Find out how our Greenville, SC, DUI defense attorney can help by contacting Ryan Beasley Law at 864-679-7777 or filling out our online contact form and scheduling your case review.