Are you facing a DUI charge that might potentially be elevated to a felony charge? You need an experienced attorney ASAP to defend you.
While any DUI charge is serious, when the circumstances surrounding your case escalate the charges from a minor DUI charge (misdemeanor DUI) to the felony level, you are facing stiff short-term and long-term penalties and consequences. You need to mount a strong and spirited defense to increase the probability of having the penalties reduced or thrown away.
Defining DUI: Misdemeanor vs. Felony
While both a misdemeanor DUI and a felony DUI are criminal charges related to driving under the influence, they are different in the severity of the punishment occasioned by a conviction.
Being convicted of misdemeanor DUI, which is considered a minor crime, can result in fines, driving license suspension, and a jail term. The first three DUI convictions are usually classified as misfeasors.
South Carolina Code Annotated 56-5-2945 defines felony DUI as operating a vehicle while under the influence of alcohol and/or drugs, resulting in great bodily injury or death to a person who is not the driver. As such, DUI cases where the driver injures or kills someone are charged as felony cases.
Moreover, the fourth DUI charge within 10 years results in a DUI charge, attracting higher fines, longer jail terms, and permanent driving license revocations. Every DUI case is examined based on its individual circumstances, and a determination is made to charge the offender with a misdemeanor or felony DUI.
The type of DUI one is charged with will be influenced by the blood alcohol content of the driver, whether you have multiple DUI convictions (the fourth DUI conviction within 10 years is automatically classified as felony DUI), and whether driving under the influence caused injuries and/or death.
Factors That Elevate a DUI to a Felony
Generally, the vast majority of people charged with DUI face misdemeanor charges. However, some circumstances elevate a DUI from a minor misdemeanor to a more serious charge that is a felony.
These factors include:
#1: Repeat Offenses
In South Carolina and many other states, the first three cases of DUI charges are typically filed as misdemeanors. However, if you receive a fourth DUI charge within 10 years, it is classified as a felony offense even if it did not involve bodily harm and injury to anyone.
#2: High Blood Alcohol Concentration (BAC)
In South Carolina, motorists should drive vehicles with a blood alcohol level (BAC) of 0.08 or higher. Generally, the level at which one’s BAC exceeds the legal limit determines the charge and penalties. For instance, when the BAC level is less than 0.10, the misdemeanor charge attracts a lower fine than when the BAC level is higher than 0.10.
Similarly, when the BAC is exceptionally higher than the legal limit, typically higher than 0.16, the prosecutors might elect to elevate the misdemeanor charge into a felony charge because of seriously breaching the legal BAC limit.
#3: Involvement in an Accident
Causing bodily harm or death is considered a serious offense. As such, causing an accident while driving under the influence automatically elevates the charge from a DUI misdemeanor to a felony DUI, even if it’s your first charge.
To this end, when the accident occasions impairment or loss of a bodily system or extremity, permanent disfigurement, and injuries that can cause wrongful death, the charge will most likely be elevated to a felony charge.
#4: Presence of Minors
A minor’s presence can also elevate a misdemeanor DUI charge to a felony charge. If the driver is arrested for driving under the influence with a child under 16 years, they might be charged with child endangerment. However, if an arrest involves an accident where the child is injured, the charge will be elevated to a felony charge.
Other factors that can elevate a misdemeanor into a felony DUI include refusing to submit to testing in contravention of the implied consent law and driving with a suspended license.
State-Specific Laws
Not all states have felony charges for drunk driving. Some states, such as Maryland and New Jersey, do not administer felony charges. In the case of New Jersey, they do not classify DUI as an indictable crime (felony) but rather a traffic offense that attracts vehicle-centric penalties. The penalties are used to fund the alcohol rehabilitation centers.
There is also a difference in how states deal with repeat DUI offenses. A good example is being charged with DUI when you have priors.
Some states, including South Carolina, operate under the three-strikes law. Under this system, the severity of punishment increases with every subsequent DUI charge after the first one. However, states like New York will charge you with a felony DUI charge if you have just one prior conviction for driving under the influence.
Some states also take into account the time span between the repeat offense in classifying a DUI as a misdemeanor or a felony. For instance, the second DUI charge in Arizona is classified as a class 1 misdemeanor if it occurs within 7 years of the first. However, if you’re charged with a third DUI charge within 7 years, it is classified as a class 4 felony.
Legal Consequences of a Felony DUI
Felony DUI convictions attract severe penalties, including potential prison time, hefty fines, and long-term license suspension.
Penalties and Sentencing
Felonies are classified and considered as serious crimes. As such, felony DUI convictions attract harsh penalties, including:
- A substantial mandatory fine ranging from $5,100 to $10,100 (and surcharges) for causing great bodily injuries or a fine of $10,100 to $25,100 (and surcharges) for causing death.
- Mandatory minimum prison sentences range from 30 days to 15 years for causing significant bodily injuries or one to 25 years for causing death.
- Driver’s license suspension or permanent license revocation
- A permanent criminal record.
Long-Term Implications
Aside from the penalties imposed by the courts, a convicted DUI felon will suffer long-term consequences that will affect their liberty in the long run. Some of the issues that one will undoubtedly face following a DUI felony conviction include:
- Difficulties finding employment due to the permanent record,
- Difficulties finding housing due to the permanent record,
- Long-term driver’s license suspension or, even worse, a permanent driver’s license revocation,
- Civil suits that can drain your finances,
- Increase of your insurance premiums after DUI charge,
- Increase life insurance rates, and
- Loss of professional license for commercial drivers, healthcare practitioners, pilots, and other occupations.
Prevention and Legal Guidance
Avoiding Felony DUI Charges
The best way to avoid a DUI felony charge is to avoid driving under the influence in the first place. However, if you go out and consume alcohol, consider having a designated driver. However, if you’re alone, understand how many drinks you can consume before your BAC goes above the legal limit and refrain from exceeding the legal limit.
Seeking Legal Help
While prevention is effective, if you face a DUI charge, you should hire an experienced DUI attorney. The consequences of a DUI felony charge are too grave to wing it and represent yourself. In fact, you should only consider hiring an experienced attorney with intricate understanding and practical knowledge of dealing with DUI cases.
If You Have Been Charged With a Felony DUI, Call Johnson, Johnson, Whittle, Lancer, & Staggs
Whether you’re dealing with misdemeanor DUI charges or felony DUI charges, you’ll face penalties. As such, you must avoid exposing yourself to scenarios where you might run afoul of the DUI laws and face charges. We encourage you to be responsible at all times.
That said, if you’re facing a DUI charge, we are ready, willing, and experienced to help you lessen the severity of the charges and/or penalties. Consult our experienced Aiken DUI defense lawyers at Johnson, Johnson, Whittle, Lancer, and Staggs today!
