If Someone You Love Was Just Charged
After a felony DUI arrest, the person charged may be in the hospital, in jail or both. Families are often the ones reading this first.
Here is what comes first:
- The bond hearing. After a felony DUI arrest, a bond hearing is generally required within 24 hours for a bailable charge, subject to limited exceptions.1 The judge considers whether release is appropriate and what conditions should apply.5 Because felony DUI is a serious offense, release is not assured, and bond conditions may be restrictive.2
- The preliminary hearing deadline. In qualifying General Sessions cases, a preliminary hearing generally must be requested within 10 days after notice of that right. The hearing concerns probable cause; it does not determine guilt or innocence.3
- The license notice. If the driver refused a test or tested at 0.15% or higher, there may be a notice of suspension. The window to ask for a hearing is 30 days from the date that notice is issued.4
- The paperwork. Collect the warrant, bond papers, any notice from the DMV and any court date you have been given. Keep copies in one folder, and make sure every court date is kept.
- A lawyer. A family member or friend you trust can call for the person charged.
Write down where the driver was taken after the crash, when, and who was there.
Everyone involved in a crash like this is going through something hard. Nothing on this page is meant to assign blame.
Preserve Evidence
Crash evidence matters in these cases. Vehicles may be repaired or destroyed, surveillance footage can be recorded over, and people forget details.
Keep photographs, videos, messages, medical records and other documents about the incident. Tell your lawyer promptly about vehicles, cameras, witnesses or other evidence that may need to be preserved. Do not delete or alter anything that may be relevant, and avoid discussing the facts of the case on social media or on recorded jail calls.
What Is Felony DUI in South Carolina?
South Carolina felony DUI law applies when a person drives under the influence of alcohol, drugs or both and, through an unlawful act or failure to perform a legal duty, proximately causes great bodily injury or death to another person.6
A serious crash and evidence of impairment do not automatically establish felony DUI. The prosecution must prove the required elements, including the connection between the alleged unlawful conduct and the injury or death.6
The investigation may involve crash reconstruction, witness statements, medical records, toxicology evidence and other evidence about how the collision happened.
Want someone to look at your situation?
Talk with us about the charge and ask the questions on your mind.
Possible Penalties
The penalties set by law depend on the result of the crash:
- Great bodily injury: a mandatory fine of $5,100 to $10,100 and imprisonment for 30 days to 15 years.
- Death: a mandatory fine of $10,100 to $25,100 and imprisonment for one to 25 years.6
South Carolina law prohibits suspending part of the mandatory sentence. These ranges are what the law allows, not a prediction of the sentence in any case.6
The Charge Is an Accusation
The charge on the warrant is what the State says happened. It is not a finding.
Talk to Us About a Felony DUI Charge
These cases are hard on everyone involved. We treat the person charged, and the family calling for them, with respect. We start by listening to what you know, and we're honest with you about what we see.
We take criminal cases in the Charleston area. Our office is on King Street in downtown Charleston. The first conversation can happen by phone.
If no one else was seriously hurt, our page on DUI charges and the license hearing may fit better. The criminal defense overview covers other charges we handle.
South Carolina Law on This
- For most bailable offenses, South Carolina law generally requires a bond hearing within 24 hours after arrest. Special rules apply to certain charges, limited exceptions can allow a delay, and a bond hearing does not guarantee release. A person may also receive a citation or summons without being arrested and taken into custody, so not every charge begins with a bond hearing.1
- Felony DUI is classified as a violent offense under South Carolina law, so bond decisions may involve additional public-safety considerations. Because felony DUI is a serious offense, release is not guaranteed, and bond conditions may be restrictive. Mandatory fines and additional driver's license consequences also apply to a felony DUI conviction.2
- In qualifying General Sessions cases, a preliminary hearing generally must be requested within 10 days after notice of the right to one. Missing that deadline can waive the hearing. Not every defendant is entitled to a preliminary hearing, and the right can be waived. The hearing concerns probable cause; it does not determine guilt or innocence.3
- A driver whose license is suspended for refusing a chemical test or having a blood alcohol concentration (BAC) of 0.15% or higher has 30 days from the date the notice of suspension is issued to request a contested case hearing before the South Carolina Office of Motor Vehicle Hearings. If the driver does not request a hearing within that period, the right to the hearing is waived, and the suspension continues for the applicable statutory period. Because this deadline can affect driving privileges, drivers should speak with a DUI defense attorney promptly after receiving a notice of suspension.4
- Under South Carolina law, a person charged with a noncapital offense generally must be released pending trial on personal recognizance unless the court determines that release would not reasonably assure the person's appearance in court or would create an unreasonable danger to the community or another individual. When determining release conditions, the court must consider several statutory factors, including the person's criminal record, pending and prior charges, and whether the person is already out on bond for another offense. The court may also consider factors such as family ties, employment, financial resources, length of residence in the community, and prior failures to appear. Additional statutory bond restrictions apply to certain offenses and circumstances. The law does not guarantee release on personal recognizance in any particular case.5
- Under South Carolina law, felony driving under the influence (felony DUI) applies when a person drives while under the influence of alcohol, drugs, or both, and commits an act forbidden by law or neglects a legal duty while driving, and that act or neglect proximately causes great bodily injury or death to another person. When great bodily injury results, the statutory penalties include a mandatory fine of $5,100 to $10,100 and imprisonment for 30 days to 15 years. When death results, the penalties include a mandatory fine of $10,100 to $25,100 and imprisonment for one to 25 years. South Carolina law prohibits suspending part of the mandatory sentence.6
Frequently Asked Questions
What penalties could I face for felony DUI?
South Carolina felony DUI is a serious criminal offense. If great bodily injury results, a conviction carries a statutory imprisonment range of 30 days to 15 years. If someone dies, the range is one to 25 years.6 Mandatory fines and additional driver's license consequences also apply.2 The outcome of a particular case depends on the evidence, the applicable law and the court proceedings. Our DUI page covers charges where no one else was seriously hurt.
Will the license be suspended?
Someone in my family was charged after a crash. Can I call a lawyer for them?
Yes. A family member or friend you trust can make the first call, including while the person charged is still in custody. Have the arrest paperwork or the warrant details handy if you can, along with any court date you've been given. The first conversation can happen by phone, and it doesn't commit either of you to anything.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
