A felony DUI charge is even more serious than a regular DUI, which is typically a misdemeanor. Law enforcement tends to investigate felonies more thoroughly, and the penalties can be severe if convicted.
Get the legal representation you deserve. A Greenville felony DUI lawyer can answer your questions, provide solid legal advice, and be your advocate in court. Reach out to an experienced DUI attorney as soon as possible after you are charged.
In South Carolina, a charge of driving under the influence becomes a felony if it meets the following criteria:
An experienced felony DUI lawyer in Greenville can further explain this criteria and how it applies to your unique case.
One strategy an attorney could take when defending a felony DUI case involves the definition of “great bodily injury.” The law says that it is an injury in which there is a substantial risk of death, an injury that results in permanent disfigurement, or a lengthy or permanent loss or impairment of any body part or organ.
While this definition is quite specific, there is still room for interpretation. A lawyer may be able to show that a person’s injury does not fit the definition of “great bodily injury,” therefore casting doubt on whether the charge qualifies as a felony.
Penalties for a DUI that results in significant bodily injury to another person include a mandatory fine between $5,100 and $10,100 and a mandatory prison sentence between 30 days and 15 years.
If a DUI results in the death of someone, it becomes a felony charge called DUI manslaughter. Penalties for a conviction of this type include a mandatory fine between $10,100 and $25,100 and a mandatory prison sentence between one and 25 years.
The first and second DUI offenses during a 10-year period are usually considered misdemeanors. If it still falls within the 10-year period, a third-time offense typically escalates into a felony charge. Penalties for a third-time DUI conviction could be up to three years in prison and $12,000 in fines.
A felony DUI is not easy to defend because investigators tend to do a thorough job when gathering evidence and, therefore, make fewer mistakes. Also, the charges are so severe that the charges or penalties are less likely to be reduced through plea negotiations. If you are convicted of a felony DUI, you will spend time in jail and pay a fine. That is why it is so vital to have a skilled Greenville felony DUI attorney on your side.
If there is little or no chance of dismissing the charges altogether, a lawyer can argue for a lighter sentence. Sentencing depends on several factors, including the driver’s BAC, the severity of the injuries, and previous criminal records.
An attorney can also develop a strategy to achieve the best possible outcome for the defendant. Our lawyers at Ellis Hinton have experience as federal and state prosecutors, giving us a good idea of the prosecution’s tactics.
You are not alone in fighting your felony DUI charges. Based in Greenville and servicing SC and beyond, Ellis Hinton is dedicated to fighting for the rights of our clients.
Contact a Greenville felony DUI lawyer today and schedule your free consultation. Our hardworking and well-versed criminal defense attorneys are here to help.
(864) 775-5775