In the criminal justice system, offenses are generally divided into two categories: misdemeanors and felonies. Misdemeanors are considered less serious crimes, usually punishable by fines, probation, or short jail sentences.
Felonies, on the other hand, are the most serious criminal offenses and carry much harsher penalties, including years in prison, large fines, and long-lasting consequences.
Driving under the influence (DUI) often begins as a misdemeanor offense, particularly for first-time offenders. However, under certain circumstances, it can escalate into a felony DUI. This escalation depends on the severity of the incident, the driver’s history, and the impact on others.
In this read, we will look at the difference between a misdemeanor and a felony DUI in South Carolina, when a DUI can be elevated to a felony, and why strong legal representation with an Aiken felony DUI lawyer is critical if you are facing such charges.
What is a Misdemeanor DUI?
Under South Carolina law, a misdemeanor DUI is generally charged when a driver is found to be operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or when impaired to the extent that their ability to drive is materially affected.
For most first-time offenders, DUI is treated as a misdemeanor. The penalties can still be severe and include:
- Fines ranging from hundreds to thousands of dollars.
- Jail time that may range from a few days to several months, depending on the BAC level.
- License suspension for up to six months.
- Completion of the Alcohol and Drug Safety Action Program (ADSAP).
- Significant increases in auto insurance premiums.
Misdemeanor DUIs typically involve impaired driving without aggravating circumstances such as injuries, fatalities, or repeated offenses. However, once certain factors are present, the charge may rise to a felony.
When Does a DUI Become a Felony?
In South Carolina, several situations can turn what would normally be a misdemeanor DUI into a felony DUI:
1. Repeat Offenses
A second DUI conviction already carries harsher penalties, but multiple DUI convictions within a set timeframe can escalate the charge to a felony. Repeat offenders are viewed by the courts as a continuing danger to public safety, which is why the penalties grow more severe with each conviction.
2. DUI with Great Bodily Injury
If an impaired driver causes an accident that results in serious bodily injury to another person, the DUI can be elevated to a felony. South Carolina law defines “great bodily injury” as any injury that creates a substantial risk of death or causes serious, permanent disfigurement or impairment.
3. DUI with Death
Perhaps the most serious escalation occurs when an impaired driver causes a fatal accident. A DUI resulting in death is automatically charged as a felony, and penalties often include long prison terms and permanent license revocation.
4. Aggravating Factors
Certain aggravating factors may also elevate a DUI to a felony or result in harsher sentencing.
Examples include:
- Driving while on a suspended or revoked license.
- Having a minor passenger in the vehicle while impaired.
- Driving with an extremely high BAC, often double the legal limit or more.
These factors show disregard for the law and public safety, leading courts to impose harsher felony charges.
Penalties for Felony DUI
Felony DUI charges carry life-changing consequences. Penalties may include:
- Prison Sentences: Unlike misdemeanor jail terms, felony convictions can result in years of imprisonment. South Carolina law requires mandatory minimum sentences for DUI with injury or death.
- Fines and Restitution: Courts may impose fines in the tens of thousands of dollars, along with restitution payments to victims or their families.
- License Revocation: Felony DUIs can lead to long-term or even permanent revocation of driving privileges.
- Ignition Interlock Device (IID): Installation of an IID may be required before reinstating driving privileges.
- Permanent Criminal Record: A felony DUI conviction becomes part of your permanent record, limiting opportunities for employment, housing, and professional licenses.
Long-Term Consequences of a Felony DUI
The punishment for a felony DUI does not end with prison or fines. The collateral consequences are often just as damaging:
- Employment Challenges: Many employers run background checks, and a felony DUI can disqualify applicants from jobs, especially those requiring a clean driving history or professional licenses.
- Civil Rights Loss: Felony convictions may result in the loss of rights such as voting and firearm ownership.
- Immigration Issues: Non-citizens may face visa denial, deportation, or restrictions on travel due to a felony conviction.
- Financial Hardship: Between restitution payments, higher insurance premiums, and limited job prospects, a felony DUI can create lasting financial strain.
- Personal Struggles: The stigma of a felony conviction can strain relationships and reduce opportunities for community involvement.
Common Defense Strategies Against Felony DUI Charges
Given the severity of felony DUI penalties, a strong defense is essential. Some common strategies include:
Challenging the Legality of the Stop
If police lacked reasonable suspicion to make the traffic stop, the case may be dismissed.
Disputing BAC or Field Sobriety Results
Breathalyzers and sobriety tests are not always reliable; challenging their accuracy can undermine the prosecution’s case.
Questioning Causation
In cases involving injury or death, the defense may argue that intoxication was not the actual cause of the accident.
Highlighting Procedural Errors
Mistakes by law enforcement, such as mishandling evidence or violating constitutional rights, can weaken the state’s case.
An experienced Aiken felony DUI defense attorney will evaluate the facts to determine the strongest strategies available.
Why You Need am Aiken Felony DUI Defense Lawyer
Felony DUI charges are among the most serious criminal cases a person can face. The evidence is often complex, involving accident reconstruction, toxicology reports, and multiple witnesses. The penalties are severe, and prosecutors are aggressive.
Therefore, having a knowledgeable Aiken DUI defense lawyer is essential.
An attorney can:
- Protect your legal rights during investigations and court proceedings.
- Challenge the prosecution’s evidence.
- Negotiate for reduced charges or lighter penalties.
- Advocate for alternatives such as treatment programs.
Given the high stakes, it is critical to seek legal counsel immediately after being charged with a felony DUI.
Protect Yourself Against Felony DUI Consequences
While many DUI cases in South Carolina begin as misdemeanors, certain circumstances, such as repeat offenses, serious injuries, fatalities, or aggravating factors, can escalate them to felonies. The penalties for felony DUI are severe, ranging from long prison sentences to permanent loss of driving privileges and lifelong consequences.
If you or a loved one is facing felony DUI charges, the decisions you make now will shape your future. A strong legal defense is the best protection against the harsh penalties and lasting consequences of a felony conviction.
Contact Johnson, Johnson, Whittle, Lancer, & Staggs today (803) 649-5338 for a confidential consultation. Our experienced DUI defense team is ready to fight for your rights, your freedom, and your future.
