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DUI with Serious Injury or Death in Union County: Understanding SC Felony Charges

Nov 25, 2024 | Uncategorized

DUI with Serious Injury or Death in Union County: Understanding SC Felony Charges

Driving under the influence is already a serious offense in South Carolina, but when it results in serious injury or death, the consequences become much more severe. Union County, like the rest of the state, takes felony DUI cases seriously, and the penalties reflect the gravity of these situations. If you’re involved in a DUI accident that results in injury or death, the legal repercussions can include lengthy prison sentences, significant fines, and long-term impacts on your life. Let’s break down what you can expect if you’re charged with a felony DUI in Union County.

How Union County Handles Felony DUI Cases

When a DUI results in serious injury or death, the investigation in Union County is immediate and comprehensive. Law enforcement agencies, including the South Carolina Highway Patrol (SCHP) and the Union County Sheriff’s Department, will often respond to the scene of the accident to begin collecting evidence.

  • Immediate Investigation Procedures: After a serious DUI accident, law enforcement will work quickly to secure the scene, collect evidence, and interview witnesses. They will also administer a blood alcohol test to the driver if intoxication is suspected.
  • SCHP Involvement: The South Carolina Highway Patrol’s MAIT (Multi-disciplinary Accident Investigation Team) typically becomes involved when there are fatalities or severe injuries. They will reconstruct the accident, analyzing factors like speed, road conditions, and vehicle damage to determine exactly how the crash occurred.
  • Multi-Agency Response: In Union County, fatal or serious injury DUI cases often involve cooperation between multiple agencies, including local police, SCHP, and sometimes even federal authorities if the accident involves interstate roads.
  • Evidence Collection: Key evidence in these cases includes blood tests, field sobriety test results, dashcam footage, and witness statements. Investigators may also collect medical documentation from victims to demonstrate the extent of the injuries.
  • Accident Reconstruction: Using technology and expert testimony, law enforcement works to recreate the scene of the crash. This process can be crucial in determining whether the driver was at fault and whether alcohol or drugs played a role.

Criminal Charges for DUI with Injury/Death

A DUI that results in serious injury or death is classified as a felony in South Carolina. The charges you face depend on the outcome of the accident and the extent of the injuries:

  • Felony DUI Classification: Under South Carolina law (§ 56-5-2945), a DUI resulting in death or great bodily injury is automatically classified as a felony. “Great bodily injury” is defined as an injury that either creates a substantial risk of death or causes permanent disfigurement or disability.
  • Great Bodily Injury Charges: If someone is severely injured in a DUI accident, the charge is felony DUI with great bodily injury. This can carry severe penalties, including significant prison time.
  • Death Resulting Charges: If the DUI results in a fatality, the charge becomes felony DUI with death, which carries even harsher penalties, including mandatory prison sentences.
  • Additional Criminal Counts: Depending on the details of the accident, you could face additional charges, such as vehicular manslaughter or reckless endangerment, compounding the legal consequences.

In Union County, there are specific procedures for handling these serious cases:

  • Bond Considerations: After a felony DUI arrest, the accused will likely be held in jail until a bond hearing. In Union County, this hearing will determine whether the accused can be released on bond and under what conditions. Factors such as the severity of the accident and the driver’s criminal history will play a role in this decision.
  • Detention Factors and Release Conditions: For felony DUI cases, especially those involving death, bond amounts can be high, and the court may impose strict conditions, such as house arrest or GPS monitoring. Some drivers may also be required to undergo alcohol testing while awaiting trial.

Penalties in Union County Courts

The penalties for a felony DUI conviction in South Carolina, especially one involving serious injury or death, are harsh. Union County courts follow strict guidelines when sentencing these cases:

  • Mandatory Minimum Sentences: For a DUI resulting in great bodily injury, the minimum sentence is 30 days in jail, but it can escalate to 15 years depending on the case. If the accident results in death, the minimum prison sentence is 1 year, with a maximum of 25 years.
  • Maximum Prison Terms: The most severe cases of DUI with death can result in prison sentences of up to 25 years, particularly if the driver has previous DUI convictions or other aggravating factors.
  • Fine Structures: In addition to prison time, convicted drivers can face fines ranging from $10,100 to $25,100, depending on the severity of the injuries or fatalities.
  • License Consequences: A felony DUI conviction leads to an automatic license revocation. In many cases, drivers may be required to install an ignition interlock device if they ever regain driving privileges.
  • Additional Requirements: Union County courts may impose other conditions, such as attending treatment programs for alcohol or drug dependency, completing victim impact panels, and undergoing regular drug or alcohol testing. Courts may also require drivers to participate in long-term monitoring programs.

Critical Evidence in Felony DUI Cases

In Union County, building a strong case for either the defense or prosecution in a felony DUI case depends on collecting and analyzing critical evidence. Some of the most important pieces of evidence include:

  • Blood Draw Procedures: South Carolina law allows for blood draws in cases where drivers are suspected of being impaired, especially in serious accidents. These blood tests are used to measure BAC and any other substances in the driver’s system.
  • Accident Reconstruction: Using advanced techniques, experts work to recreate the scene of the accident, determining the role of speed, road conditions, and impairment in the crash.
  • Medical Records: Victim injuries are thoroughly documented, and these records are used to support charges of great bodily injury or death.
  • Witness Statements: Eyewitnesses, including passengers or bystanders, provide critical testimony about how the accident occurred and the behavior of the driver before and after the crash.
  • Video Evidence: In today’s digital age, video footage plays a massive role in DUI cases. This can include:
  • Dash Cameras: Both from the police and other drivers who witnessed the crash.
  • Body Cameras: Officers often wear body cameras, which capture their interactions with the driver immediately after the crash.
  • Surveillance Footage: Nearby businesses or traffic cameras might have caught the accident or the moments leading up to it.
  • Witness Recordings: In some cases, bystanders may have recorded the scene on their phones, adding another layer of evidence.

Long-Term Consequences

Being convicted of a felony DUI in Union County brings life-altering consequences. These penalties go far beyond time in prison or hefty fines:

  • Prison Exposure: Prison sentences for felony DUI range from 30 days to 25 years, depending on the circumstances. Serving time in a South Carolina state prison can have lasting effects on your mental health, employment prospects, and personal relationships.
  • Felony Record Impact: A felony conviction stays on your record permanently, making it difficult to find employment, secure housing, or even apply for loans.
  • License Revocation: A felony DUI conviction often results in a long-term revocation of your driver’s license, making it difficult to maintain employment or independence.
  • Civil Liability: Beyond the criminal penalties, a DUI accident resulting in injury or death can expose you to civil lawsuits. Victims or their families may pursue wrongful death or personal injury claims, leading to further financial burdens.
  • Professional Impact: A felony DUI conviction can destroy your professional life. Many careers require clean criminal records, especially those in education, healthcare, or government. You may also lose professional licenses, or find yourself disqualified from certain jobs or housing opportunities.

The Road Ahead: It’s a Long, Rough Journey After a Felony DUI

Felony DUI charges in Union County aren’t just another bump in the road—they’re a massive detour with life-changing consequences. From the moment of arrest to navigating the courts, facing serious injury or death charges can feel overwhelming. At Thompson & Hiller Defense Firm, we understand the local court systems and know how to help you fight for the best possible outcome. If you’ve been involved in a DUI accident with serious injury or death, don’t leave your future to chance. Contact us today—we’re ready to steer you through the storm.