For any Charleston DUI lawyer, defending a felony DUI is very challenging, and the stakes are much higher than defending a municipal or magistrate-level DUI, such as a DUI 1st. In South Carolina, felony DUI involves the great bodily injury or death of another person. A felony DUI differs from a DUI in both the evidence required to prove the offense and the penalties for conviction. The lawyers at Futeral and Nelson offer answers in this article to the questions you should be asking regarding South Carolina’s Felony DUI laws. Hiring the best lawyer for you is an important decision, and this article will help you be more prepared as you interview attorneys.

What is Felony DUI in South Carolina?

For a felony DUI, the prosecution must prove: (1) a person was driving under the influence of alcohol, drugs, or both; (2) while driving the person did “any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle;” and (3) the act or neglect caused great bodily injury or death to a person other than the driver.

How Do We Defend a Felony DUI Case in South Carolina?

There is some overlap between misdemeanor and felony DUI defenses. However, many other issues in felony DUI cases require specialized attention. A few examples:

  1. In a death case, the police investigation will be substantially more detailed, and we will need to closely analyze forensic evidence, such as Vehicle Examination Reports and the MAIT report.
  2. We may recommend you hire an accident reconstructionist to review all aspects of the car wreck and potentially serve as a testifying expert in your case. Evidence at the scene, such as skid marks or debris, can disappear, so ideally we have our reconstructionist act quickly.
  3. Most felony DUI cases involve the taking of the defendant’s blood. We will need to review the blood extraction procedure, the chain of custody, and the toxicology report. In many cases, we will recommend that you hire a medical expert to help demonstrate that the blood results are tainted or inaccurate.
  4. The police might have performed a Drug Recognition Exams (DREs). They are very subjective and subject to scrutiny. We need to review these exams to identify any errors by the police that may have affected the results.
  5. In a felony DUI case, our experience with medical records will help us assess the victim’s injuries or cause of death. We may need to hire a nurse practitioner or medical doctor to review the case and possibly testify.
  6. Prosecutors are more likely expend resources to find additional evidence in a felony DUI case than they would in a standard DUI. They may have an investigator seek witnesses who can testify to drinking or impaired driving. They are more likely to subpoena your credit card statement to look for charges made at bars or restaurants. Law enforcement will search your vehicle for bar receipts or other evidence of drinking. They get warrants to obtain surveillance video from bars or on the road.
  7. Felony DUI cases always involve a victim and/or the victim’s family who want justice, which makes it more difficult for a prosecutor or judge to show leniency. We will help you develop a strategy to mitigate this pressure. These victims receive the utmost sympathy. You need to be genuinely remorseful and diligent in rehabilitation for our plan to be effective.
  8. The victim and/or family will often sue the accused driver. While your insurance company will provide the primary litigation defense, our experience handling dram shop and car accident cases can help protect your family’s finances and your criminal liability.

What are the Penalties for a Felony DUI in South Carolina?

Great bodily injury cases:

Death cases:

  • One (1) to 25 years and a fine of $21,100 to $52,200.
  • After finishing the jail sentence, 5 years of an IID.

These jail requirements are mandatory and cannot be suspended or substituted for probation.

The stakes in Felony DUIs are life-changing. Many of these cases make local headlines, and we keep an eye on what the judges are doing during the sentencing phases. Here are some examples:

  • In December 2024, a young woman received 25 years after excessively speeding on a dimly lit road, hitting a golf cart with occupants, killing one and badly injuring two.
  • In January 2023, a man with a blood alcohol concentration of 0.22 crossed the center line and injured two people in the other car and killed the unborn son of one as well as his own passenger. He was sentenced to 8 years, and the sentence received significant public criticism.
  • In June 2014, a woman was sentenced in Charleston County to 17 years after her car crossed the center line, hit oncoming traffic, and killed the other driver.
  • In April 2013, an 85-year-old man in Charleston County received a one-year sentence after he ran into a motorcycle and caused multiple pelvic fractures to the motorcycle driver. The man’s blood alcohol content (“BAC”) was 0.13, which is in the middle of 3 tiers of intoxication under our law. The man assisted the other driver financially during his recovery. This voluntary assistance likely helped the judge issue the lower-than-usual sentence.
  • In November 2013, a man was sentenced to 10 years, suspended on service of 3 years in jail and 5 years’ probation, after he killed a man on a moped. His BAC was 0.12, which a male can reach on just 3 or 4 beers in some cases. He was charged with felony DUI but pleaded to reckless homicide instead.
  • In March 2014, a man was sentenced to 10 years after he ran into the back of a car on the Cooper River Bridge and killed the other driver. He was charged with felony DUI but pleaded to reckless homicide.
  • In August 2012, a 20-year-old woman was sentenced to 8 years after killing a man on a motorcycle who was not wearing his helmet.

These are just a few examples of how drinking and driving can turn someone’s life upside down in a matter of seconds.

How Much Will Bail Be in a Felony DUI?

It all depends on the facts of the case, the defendant’s character and history, and the bond judge. Bail can be $50,000 or over $300,000. Because these two extremes will cost a difference of over $20,000 in bondsmen fees, it is essential to have your lawyer on board as soon as possible. For more information, please read our article on bond hearings in South Carolina.

Can Futeral & Nelson Win My Felony DUI Case?

No experienced DUI lawyer can truthfully promise to keep you out of jail in these serious cases. What we can promise is that we will fight the case early on from any angle we can. The more we can challenge the prosecution’s case, the better deal we may be able to bring to our client. For example, in one of our felony DUI cases, the officer failed to give our client his Miranda warnings after our client was arrested. Based on this failure, our client was offered a plea to reckless driving. Ultimately, it will be your decision whether to accept any plea offer or to take the case to trial.

Thomas Nelson is the author of the primary authority regarding South Carolina’s laws on breath and blood testing procedures. He is on a legislative committee for the South Carolina Association of Criminal Defense Lawyers. He completed the certification course that enables law enforcement officers to administer Standardized Field Sobriety Tests, giving him a great advantage when evaluating DUI cases and cross-examining police officers who testify. Mr. Nelson is a regular speaker at the annual Reese I. Joye Memorial DUI Defense Seminar, educating defense lawyers on defending DUI and DUAC cases, breath-testing procedures, DUI laws, and defending CDL holders charged with DUI. He has trained several times with the country’s leading expert on the breath machine.

Stephan Futeral has been a DUI defense attorney for over 30 years. He served as Thomas Nelson’s mentor and has tried numerous cases to not guilty verdicts. His experience in technology and the use of artificial intelligence sometimes helps uncover evidence, strategies, or arguments that were previously unattainable.

Contact our law firm today for a FREE CONSULTATION.

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