South Carolina’s Felony Driving Under the Influence With Death Resulting (Felony DUI)
In South Carolina, “Felony DUI” occurs when a person driving a vehicle (1) is under the influence of alcohol, drugs, or both; (2) commits “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.
Keep in mind, the victim does not have to die immediately in order to be convicted of felony DUI. According to South Carolina law, a person can be charged with Felony DUI if the victim passes away within three (3) years of the underlying accident.
Penalties for Felony Driving Under the Influence
In the case of a Felony DUI resulting in death, the penalty is imprisonment for 1 up to 25 years and a fine is between $10,100 to $25,100.
In the case of great bodily injury, the penalty is imprisonment for 30 days up to 15 years in jail and a fine of $5,100 to $10,100.
Many people charged with Felony DUI are not career criminals. Rather, they are generally good, normal people who simply made a regrettable mistake. Often, the accident leading to the death or great bodily injury would have occurred notwithstanding alcohol consumption, however, that will usually not prevent being charged with the offense of felony DUI.
Attorney Truslow Secures Favorable Outcomes in Felony DUI Cases:
2018 SUSPENDED SENTENCE
In 2018, , Attorney Kirk Truslow represented a 58 year old woman charged with Felony DUI with Death Resulting. Truslow investigated the case and put together a strong defense. Additionally, Truslow compiled strong mitigating evidence and character witnesses. Truslow also communicated with the victim's family resulting in a meeting between the defendant and victim's family.
When the case came to trial, something happened that is not often seen. The victim’s mother asked the court for forgiveness and even hugged the client, both sharing a tearful embrace. The defendant entered a plea of guilty to the offense, and received a very rare sentence for this type of offense: the defendant received a suspended sentence and avoided any jail time. Defendant also agreed to the payment of some restitution.
2021 NOT GUILTY
In 2021, Attorney Kirk Truslow represented a client facing the charges Felony DUI with Death Resulting. The client had no criminal history, a young daughter, and demonstrated significant remorse for the accident. The case was tried before a jury for 6 days. The jury returned a verdict of Not Guilty.
If you are facing serious charges in Myrtle Beach, look no further than T. Kirk Truslow, P.A. and get more than 30 years of trial-tested experience on your side! Contact us today at (843) 212-1116 for a free initial consultation.