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Felony DUI

Charleston, SC Felony DUI Attorney

Charleston Felony DUI Lawyer

 

What is a felony DUI?

Most DUI charges are classified as misdemeanors.  However, there are some cases where a DUI charge, even without causing an accident, can be elevated and classified as a felony DUI.  A felony DUI carries greater punishment that a misdemeanor and can lead to mandatory prison time, so it’s important that you consider hiring a Charleston felony DUI lawyer to guide you in your case.

 

DUI – 4th or subsequent offense

A DUI fourth offense is a felony in South Carolina.  Felony DUI cases are complex and the penalties and fines associated with a conviction are severe.  A conviction can result in mandatory prison time, your motor vehicle may be forfeited, and driver’s license revoked.  Because of the serious consequences of this charge it’s important to get help from a Charleston felony DUI lawyer on your case.

 

Felony DUI with Great Bodily Injury

If you cause a car accident where another person is injured and are determined to be under the influence of alcohol or drugs, you may be charged with Felony DUI with injury.  A felony DUI with injury great bodily injury carries mandatory  jail time with a maximum sentence of up to 15 years in prison.  There is a limited time frame to develop a compelling defense on felony DUI charges.  In a typical situation, the police arrive shortly after the accident and can call in experts to investigate and reconstruct the accident scene.  It is crucial that you contact my office immediately for your free initial case evaluation and get help from a Charleston felony DUI lawyer.

 

I can retain experts to examine and perform their own independent accident investigation, look at the car damage involved, interview witnesses if available, and provide an independent accident reconstruction.  Based on this investigation, I will then be in a position to formulate any effective defenses available and review all the state’s evidence against you so you will understand your case and be better informed on how to move forward.

 

Felony DUI with Death

If you are involved in an auto accident that resulted in the death of a person and are determined to be under the influence of alcohol or drugs, you may be charged with Felony DUI with death.  When faced with a felony DUI with death charge, the consequences are serious and the penalties carry mandatory prison time with a maximum sentence of up to 25 years.  In arresting a suspect on this charge, the state must find evidence that prove the suspect was:

 

  1. Driving under the influence (DUI);
  2. Was driving negligently or violating the law in some way, and
  3. Proximately caused the accident.

 

There is a limited time frame to develop a compelling defense for a felony DUI with death case.  Accident’s that involve fatalities typically require police to have a special accident reconstruction team respond and conduct an thorough investigation of the cause of the accident.  Because police have their own team it can be vital to any defense to have an independent analysis of the accident team to fully explore all of the evidence involved.  That’s why it is important to get help from a Charleston felony DUI lawyer to start helping on your case.  Based on this investigation, I am ready to start building your case.

 

Penalties

DUI 4th or more Felony DUI – Great Bodily Injury Felony DUI with Death
Penalty: 1 yr. – 5 yrs.
Penalty: 30 days – 5 yrs. & $5,000 – $10,000 fine.
Penalty: 1 yr. – 25 yrs. & $10,100 – $25,100 fine.
No suspension of minimum sentence. Mandatory minimum. Mandatory minimum.
Drivers license revoked.  Loss of driver’s license for incarceration + 3 yrs.  Loss of driver’s license for incarceration + 5 yrs.

 

Police investigation

Felony DUI cases are normally investigated by the SC Highway Patrol’s accident investigation team, known as MAIT.  MAIT is the Multi-Disciplinary Accident Investigation Team that assists law enforcement agencies and provides in-depth investigations and/or reconstructions to determine the collisions events.  Their ultimate objective is to be the fact finders so decisions can be made as to the charges and causes of an accident.  Often times MAIT will:

 

  • Reconstruct vehicle collisions;
  • Document the accident scene;
  • Photograph, video record accident scene;
  • Forensic mapping;
  • Perform mechanic examinations;
  • Data retrieval from vehicles (black boxes).

 

Defenses to a felony DUI

There is a limited time frame to develop a compelling defense on a felony DUI charge.  Police arrive at the accident scene shortly after it occurred and they can call in experts to reconstruct what happened.  All evidence must be reviewed and the case evaluated.  It is crucial that you contact my office immediately for your free initial case evaluation.  I can employ my own experts to examine the accident scene and evidence, look at the car damage and interview witnesses. Based on this investigation, the evidence, I can begin to formulate effective defenses for your case.

 

Charleston felony DUI lawyer

If you have been charged with a felony DUI charge call today at (843) 530-7813 to discuss your case and rights with a Chalreston DUI Attorney.  The consultation is free and all discussions are confidential