Many people mistakenly believe that driving under the influence (DUI) always results in a minor slap on the wrist. In reality, not all DUI charges in South Carolina are misdemeanors. Depending on the circumstances, a DUI can escalate into a felony offense, bringing with it harsh penalties, including long-term imprisonment and a lifetime of consequences.
In South Carolina, charges for felony DUI in Aiken are typically brought in situations involving serious injuries, fatalities, or repeated offenses. Understanding the difference between a misdemeanor and a felony DUI (and the risks that come with it) is crucial if you or someone you care about is facing charges.
What is a Felony DUI in Aiken, South Carolina?
Under South Carolina Code § 56-5-2945, a felony DUI in Aiken happens when an individual drives under the influence and either:
- Causes heavy bodily injury or death to another person
- Has multiple prior DUI convictions, especially within a 10-year timeframe.
- Drives on a suspended license and causes injury or death.
Let’s break this down:
- Great bodily injury refers to injuries that create a significant risk of death, serious disfigurement, or long-term impairment.
- If someone dies as a result of the DUI-related accident, the charge escalates from causing injury to felony DUI resulting in death.
- A driver with a history of DUIs who reoffends—even if this time they don’t cause an accident—may still face felony classification.
In these situations, the criminal justice system treats the offense as much more than just a mistake. The penalties are structured to reflect the seriousness of the outcome and the risk to public safety.
Penalties for Felony DUI in Aiken
Felony DUI is one of the most serious driving-related crimes in South Carolina, and judges have very little discretion when it comes to sentencing.
Here’s a closer look at what penalties offenders might face:
Felony DUI with Great Bodily Injury
- Prison Time: A mandatory minimum of 30 days, with the sentence extending up to 15 years.
- Fines and Restitution: Fines can range from $5,000 to $10,000, plus court costs and possible victim restitution.
- License Revocation: Offenders face a mandatory driver’s license suspension.
- Probation Limitations: Probation or parole is limited, and time served is often mandatory.
Felony DUI Resulting in Death
- Prison Time: Minimum of 1 year, with the sentence going up to 25 years in prison.
- Fines: These range from $10,000 to $25,000.
- Permanent License Revocation: Offenders may lose their license permanently.
- Civil & Criminal Consequences: Beyond criminal penalties, offenders may also face wrongful death lawsuits and massive financial liability.
In both types of felony DUI in Aiken, the minimum sentence is mandatory, meaning the court has no choice but to impose jail time if you’re convicted.
Other Consequences Beyond Prison
The damage from a felony DUI conviction doesn’t end once the prison sentence is served. The collateral consequences can follow an individual for life:
- Loss of Civil Rights: Convicted felons lose the right to vote, own firearms, and serve on juries.
- Employment Challenges: Many employers are hesitant to hire someone with a felony on their record—especially in fields requiring trust, licensing, or driving.
- Housing and Education Issues: A felony conviction can make it harder to rent a home, qualify for federal financial aid, or be admitted to certain schools.
- Professional Licenses: Nurses, teachers, real estate agents, and others may lose or be unable to obtain their licenses.
- Immigration Consequences: Non-citizens facing felony DUI charges could face deportation or denial of permanent residency or citizenship.
These penalties illustrate why charges for felony DUI in Aiken must be taken seriously from day one.
Defending Against Felony DUI Charges
An experienced DUI defense attorney can mean the difference between prison time and a more favorable outcome.
Some strategies that may be used to challenge charges for felony DUI in Aiken include:
- Challenging the Cause of the Accident: If the accident had occurred regardless of intoxication (due to mechanical failure, road conditions, or another driver’s error), this could reduce or dismiss the charges.
- Disputing BAC or Field Sobriety Test Results: Breathalyzers and field sobriety tests are not foolproof. Flawed procedures, equipment malfunctions, or improper police conduct may render results inadmissible.
- Using Expert Testimony: Accident reconstruction experts can provide objective insights that may contradict the prosecution’s theory of the case.
- Investigating Police Procedures: If police failed to follow protocol, obtained evidence illegally, or violated your rights, your attorney may be able to suppress evidence.
Why Legal Representation is Essential
Felony DUI cases are high-stakes, emotionally charged, and legally complex. Prosecutors are often under public pressure to secure maximum penalties, especially in cases involving injury or death.
A skilled DUI attorney can:
- Negotiate with prosecutors to reduce felony charges to misdemeanors when the evidence allows.
- Argue for alternative sentencing, such as treatment programs, home detention, or probation, where permitted.
- Guide you through DMV hearings and protect your driving privileges.
- Handle the civil and criminal aspects of your case simultaneously.
- Protect your rights and reputation from the start to the end of the legal process.
A Felony DUI in Aiken Can Mean Prison—Protect Your Future Now
Felony DUI in Aiken, South Carolina can and often do result in substantial prison sentences, crippling financial penalties, and lifelong consequences that extend far beyond the courtroom. Whether you caused an accident, have a history of DUIs, or were driving on a suspended license, you must understand the serious risks you’re facing.
But remember—being charged is not the same as being convicted. With an experienced legal team by your side, there is hope. If you or a family member is facing charges for felony DUI in Aiken, South Carolina, don’t wait.
Contact (803) 649-5338 Johnson, Johnson, Whittle, Lancer, and Staggs today for a confidential consultation. We’ll fight to protect your future and explore every legal avenue available.
