A DUI involving an accident with injuries or fatalities is no longer just a misdemeanor.
Felony DUI charges come with severe penalties, mandatory prison time, and life-changing consequences. If you have been charged with a felony DUI in South Carolina, you need a skilled defense attorney immediately. At Chambers Law, we fight to challenge the prosecution’s case and protect your freedom.
Call 843-449-0420 today for a free consultation.
What is Felony DUI in South Carolina?
Under S.C. Code § 56-5-2945, a DUI becomes a felony if the driver was:
- Under the influence of alcohol or drugs
- Operating a motor vehicle
- Caused an accident that resulted in serious bodily injury or death
The prosecution must prove that your intoxication directly caused the crash—not just that you were impaired.
Felony DUI Penalties in South Carolina
Felony DUI Involving Serious Bodily Injury
- Mandatory 30 days to 15 years in prison
- Fines up to $10,100
- Driver’s license suspension for at least 3 years
- Possible ignition interlock device (IID) requirement
Felony DUI Involving Death
- Mandatory 1 to 25 years in prison
- Fines up to $25,100
- Permanent driver’s license revocation
Unlike misdemeanor DUIs, felony DUI convictions cannot be expunged. A conviction results in a permanent felony record, making it difficult to secure employment, housing, or professional licenses.
What Counts as Serious Bodily Injury?
The law defines serious bodily injury as an injury that:
- Creates a substantial risk of death
- Causes permanent disfigurement
- Results in long-term impairment or loss of a body part or function
Even injuries that require extended hospitalization or surgery may qualify. Prosecutors aggressively pursue felony DUI charges in cases of broken bones, brain injuries, spinal damage, or permanent disabilities.
How We Defend Felony DUI Cases
At Chambers Law, we use proven defense strategies to fight felony DUI charges, including:
- Challenging the traffic stop: Did police have probable cause to pull you over?
- Disputing breath and blood test results: Were the tests properly administered and accurate?
- Examining accident causation: Can the prosecution prove intoxication caused the crash?
- Identifying police errors: Did officers violate your rights during the arrest?
- Investigating witness credibility: Are there conflicting accounts of the accident?
We work with accident reconstruction experts, toxicologists, and medical professionals to challenge faulty evidence and create a strong defense.
Can a Felony DUI Charge be Reduced?
Depending on the facts of your case, we may negotiate for:
- Reducing felony DUI to a misdemeanor DUI
- Pleading to reckless driving or another lesser charge
- Alternative sentencing, such as probation or home detention
Our goal is to minimize your penalties, protect your freedom, and avoid a life-altering felony conviction.
What to Do if You’re Charged with a Felony DUI
If you’ve been arrested for a felony DUI, take these critical steps:
- Do not answer police questions—exercise your right to remain silent
- Do not discuss your case with anyone except your lawyer
- Gather witness statements, photos, and accident details
- Contact Chambers Law immediately to start your defense
