Columbia Felony DUI Lawyer

Experienced Felony DUI Defense Attorney Serving Columbia, SC

Situations in which a driver of a vehicle is involved in a serious DUI accident are prosecuted under South Carolina's felony DUI statute. This statute creates substantially increased penalties for those determined to be driving impaired and involved in accidents with injuries or fatalities. There is no requirement that the defendant have any prior record of DUI arrests or convictions in order to be charged under the felony DUI statute.

If you or a loved one is facing charges or an arrest for a felony DUI or any other serious driving offense, contact our office to speak with a Columbia criminal lawyer from our law office. We work with individuals from Columbia, Columbia and other parts of South Carolina.

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Understanding the Consequences of a Felony DUI

Being charged with a felony DUI in South Carolina can have serious and long-lasting consequences. It's important to understand the potential impacts of a felony DUI conviction, including:

• Lengthy prison sentences
• Significant fines and court costs
• Suspension or revocation of your driver's license
• Mandatory alcohol or drug education programs
• Installation of an ignition interlock device
• Permanent criminal record

Our experienced Columbia felony DUI lawyers are dedicated to helping you understand your rights and options when facing these charges. We will work tirelessly to build a strong defense and minimize the potential consequences of a felony DUI conviction. Contact us today for a free consultation to discuss your case.

What is Charged as a Felony DUI in South Carolina?

Fourth and subsequent DUI arrests are also prosecuted as felonies in South Carolina. The penalties for those convicted of a fourth DUI range from a minimum of one year up to seven years in prison. For repeat DUI offenders there is no requirement that the DUI case involve a death or injury to be treated as a felony.

Felony DUI with Death

• DUI cases involving a death are prosecuted as a felony DUI with death. This offense carries no less than one year in prison with a maximum of 25 years. It is classified as a violent crime of sentencing and classification purposes at the South Carolina Department of Corrections.

Felony DUI with Great Bodily Injury

• In DUI cases involving great bodily injury, they carry a minimum of 30 days to a maximum of 15-year sentence. All felony DUI cases are prosecuted in general sessions. If you have been charged with a felony DUI with great bodily injury, a lawyer can stand by your side and help you get the defense you need.

Felony DUI Defenses

Defending a felony DUI case is substantially different than an ordinary DUI case. Felony DUI cases are routinely investigated by the Highway Patrol's accident reconstruction group. In addition to having to prove impairment, the state also has the additional burden of proving some other traffic law violation related to the accident. There may also be defenses available for suppressing statements made by the defendant, the admissibility of any blood alcohol levels, and challenges regarding the procedures followed by law enforcement.

Felony DUI vs. Misdemeanor DUI in South Carolina

Driving under the influence (DUI) is a serious offense, but not all DUI charges are the same. In South Carolina, a DUI can be classified as either a misdemeanor or a felony, depending on the circumstances of the case. Understanding these differences is crucial if you are facing charges.

Key Differences Between Felony and Misdemeanor DUI

• Misdemeanor DUI: Typically applies to first, second, or third DUI offenses with no serious injuries or fatalities. Penalties include fines, short-term license suspensions, and possible jail time.
• Felony DUI: Applies when a DUI results in serious injury or death or if the driver has four or more prior DUI convictions. Felony DUI carries severe penalties, including longer prison sentences, higher fines, and a permanent criminal record.

How Prior Offenses Impact DUI Classification

• South Carolina has a lookback period of 10 years, meaning any DUI convictions within that timeframe can increase penalties.
• A fourth DUI offense is automatically a felony, regardless of whether an accident occurred.

When Does a DUI Become a Felony?

• If the driver causes "great bodily injury" or death to another person while impaired.
• If the driver has had multiple prior DUIs, making them a repeat offender.
• If the driver was under the influence of drugs or alcohol and was also violating other traffic laws, such as reckless driving.

The Role of Blood & Breath Tests in Felony DUI Cases

Law enforcement relies on blood and breath tests to determine impairment, but these tests aren’t always accurate.

How BAC is Measured & Legal Limits

• South Carolina law states that a BAC of 0.08% or higher is legally impaired.
• Commercial drivers have a lower limit of 0.04%, and underage drivers can be charged with a BAC of 0.02% or higher.

Potential Errors in DUI Testing

• Faulty breathalyzers can produce inaccurate readings.
• Mishandled blood samples may lead to false results.
• Medical conditions, such as acid reflux or diabetes, can sometimes interfere with breath test accuracy.

Can You Refuse a Test?

• Refusing a breath or blood test triggers an automatic license suspension under South Carolina’s implied consent law.
• Refusal can be used against you in court, making it harder to fight your case.

How a Felony DUI Conviction Can Affect Your Future

A felony DUI conviction carries long-term consequences that extend beyond fines and jail time.

Impact on Employment & Professional Licenses

• Many employers conduct background checks, and a felony DUI may disqualify you from jobs, especially those requiring driving.
• Professionals in fields such as medicine, law, and education could face license suspension or revocation.

Higher Auto Insurance Rates

• A felony DUI will significantly increase insurance premiums or cause your provider to cancel coverage.
• You may be required to obtain SR-22 insurance, which is expensive and marks you as a high-risk driver.

Travel Restrictions & Immigration Consequences

• Some countries, like Canada, may deny entry to individuals with a felony DUI.
• A conviction can impact visa renewals, green card applications, and even citizenship eligibility.

Frequently Asked Questions About Felony DUI in South Carolina

Can I get a felony DUI if I wasn’t driving but was in the car?

• No, a felony DUI charge requires proof that you were operating the vehicle while impaired. However, you could face other charges, such as public intoxication or open container violations, if law enforcement believes you were involved in reckless behavior.

What happens if I was arrested for DUI but wasn’t actually impaired?

• Mistaken arrests can happen, especially if an officer misinterprets fatigue, medical conditions, or nervousness as signs of impairment. If you believe you were wrongfully charged, an attorney can challenge the arrest, question test results, and present evidence proving your sobriety.

Will I have to serve jail time if convicted of felony DUI?

• Felony DUI convictions almost always result in jail or prison time, but the length depends on factors like prior offenses, injury severity, and BAC level. An experienced lawyer may be able to negotiate reduced sentencing or alternative penalties.

Can I get my felony DUI expunged?

• In South Carolina, DUI convictions—misdemeanor or felony—cannot be expunged from your record. A conviction remains permanent, impacting employment and other aspects of life. This is why fighting the charges early is crucial.

How does a felony DUI affect my right to own a firearm?

• A felony conviction can strip you of your right to own, possess, or purchase a firearm under federal law. If convicted, you may need to seek legal avenues to restore your rights.

Will a felony DUI or DUAC affect my ability to rent an apartment?

• Many landlords conduct background checks, and a felony DUI or Driving with an Unlawful Alcohol Concentration (DUAC) could make it harder to secure housing. Some landlords may deny applicants with a criminal record, while others may require higher security deposits or additional references. If you are facing a felony DUI or DUAC charge, it is important to seek legal help to protect your future.

If I was charged with felony DUI, is my case hopeless?

• No case is hopeless. DUI charges can be challenged based on improper procedures, unreliable testing, or lack of sufficient evidence. An experienced DUI defense attorney can help fight for reduced penalties or case dismissal.

Have you been arrested for a felony DUI in Columbia?

If you or a loved one has been involved in a DUI related accident or has been charged with felony DUI, there are several steps that should be undertaken. Until you are able to consult with an attorney, it is advisable that you make no statements to law enforcement or answer any questions. Due to the law surrounding blood alcohol testing procedures and the right to an independent test, it is important to seek guidance in these cases at the earliest opportunity. Although a felony DUI arrest is the most serious traffic related offense in South Carolina, no case is hopeless.