Is a DUI a Felony or Misdemeanor in South Carolina?
Driving Under the Influence (DUI) is no doubt a serious offense so some people understandably assume a conviction for DUI or DUAC (Driving with an Unlawful Alcohol Content) means a felony on their record. This is not necessarily the case.
When Can Someone be Charged with a Felony DUI in SC?
There are various situations that someone can be charged with felony DUI. In this blog let’s explore a felony DUI involving great bodily injury or death.
A person that drives a motor vehicle under the influence and causes great bodily injury or death to a person other than himself.
What is great bodily injury? It is bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Let’s say Person A is driving under the influence and gets into a car accident with Person B and causes Person B serious bodily injuries. This could be a felony DUI.
Let’s say Person A is driving under the influence and runs over Person B who is walking along the shoulder of the road resulting in Person B’s serious bodily harm/ injuries. This could be a felony DUI.
Let’s say Person A is driving under the influence and Person B is a passenger in Person A’s vehicle. As a result of Person A’s car accident, Person B suffers serious bodily harm/ injuries. This could be a felony DUI.
Other Scenarios for Felony DUI in SC
There are many other scenarios but the common denominator is that Person A is driving under the influence and causes serious bodily harm/ injuries or death to anyone other than Person A, as a result of Person A driving under the influence, Person A can be charged with felony DUI.
Can a DUI be removed (expunged) from my record?
Are felony DUI’s expungeable? No
Are misdemeanor DUI’s expungeable? No
If I have no prior criminal convictions on my record and I am arrested for DUI, am I eligible for the Pre Trial Intervention (PTI) program? No.
Have you been charged with a Felony DUI in the Charleston, SC area? Would you like to talk about your situation?
Give me a call at 843-607-9800 or use this link to email me.