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DUI Death Cases in South Carolina: Criminal Charges and Consequences

Dec 2, 2024 | Thompson & Hiller Blog

DUI Death Cases in South Carolina: Criminal Charges and Consequences

A DUI that results in death is one of the most serious criminal charges you can face in South Carolina. These cases are charged as felonies, and the penalties are severe, including long prison sentences, significant fines, and permanent impacts on your life. If you’re involved in a fatal DUI accident, the legal consequences are immediate, with law enforcement launching an extensive investigation and the court system moving quickly to file charges. Let’s dive into what you need to know about the charges and penalties for a felony DUI causing death in South Carolina.

Criminal Charges for Fatal DUI in South Carolina

When a DUI accident results in death, the driver will be charged with felony DUI, which carries serious consequences. But that’s not the only charge you could face:

  • Felony DUI Classification: Under South Carolina law (SC Code § 56-5-2945), any DUI that results in death is automatically classified as a felony. The prosecution must prove that the driver was impaired and that their actions caused the fatality. Felony DUI charges come with mandatory prison sentences and other significant penalties.
  • Additional Possible Charges: In some cases, other charges may be added to the felony DUI, depending on the circumstances of the accident:
  • Reckless Homicide: If the driver’s actions are deemed extremely reckless, they could be charged with reckless homicide, which also carries significant penalties.
  • Vehicular Homicide: This charge may apply when the death results from negligent driving without alcohol or drug impairment, but it can sometimes accompany DUI charges.
  • Hit and Run Death: If the driver leaves the scene of the accident and someone dies, the penalties are even more severe, with additional felony charges.
  • Bond Considerations: After being charged with felony DUI, the driver will typically be held in custody until a bond hearing. Courts in South Carolina may impose high bond amounts or deny bond altogether, especially in fatal cases.
  • Mandatory Prison Terms: Felony DUI convictions involving death carry mandatory minimum sentences of 1 year in prison, with a maximum of 25 years, depending on the case. These penalties are non-negotiable, meaning even first-time offenders face significant prison time.

Immediate Investigation After Fatal DUI

When a fatal DUI accident occurs, the investigation begins immediately. South Carolina law enforcement agencies, including the South Carolina Highway Patrol’s Multi-disciplinary Accident Investigation Team (MAIT), handle these cases with precision, ensuring that all evidence is collected to build a strong case.

  • SCHP MAIT Team Response: The MAIT team is typically called in for fatal DUI accidents. They specialize in accident reconstruction, which involves piecing together how the crash occurred, the speed of the vehicles involved, and the role alcohol or drugs played in the crash.
  • Evidence Collection: In fatal DUI cases, the evidence collected at the scene is crucial to both the prosecution and the defense:
  • Blood Draw Procedures: Law enforcement will immediately conduct a blood draw to test for alcohol or drugs. These tests are critical, as the driver’s blood alcohol content (BAC) will determine the severity of the charges.
  • Accident Reconstruction: The MAIT team uses advanced technology to recreate the crash, analyzing skid marks, vehicle positions, and other factors to determine fault.
  • Video Evidence: Police will gather any available video footage, including dashcam footage from police vehicles, nearby surveillance cameras, and even videos from witnesses.
  • Witness Statements: Anyone who witnessed the crash will be interviewed, and their statements will play a key role in establishing what happened.
  • Vehicle Preservation: In many cases, the driver’s vehicle will be impounded and preserved as evidence. This allows experts to analyze the vehicle’s condition, including any data from vehicle data recorders, which can provide insight into the vehicle’s speed and movements before the crash.
  • Medical Documentation: The injuries or fatalities resulting from the crash will be thoroughly documented, and this medical evidence will be used to support the charges of felony DUI.

Penalties for DUI Death in SC Courts

The penalties for a felony DUI conviction in South Carolina are severe and life-altering. If convicted, you can expect the following:

  • Mandatory Minimum: 1 Year: The law requires a minimum sentence of 1 year in prison for a felony DUI causing death, with no option for early release before serving the full year.
  • Maximum: 25 Years: Depending on the circumstances of the crash, including any aggravating factors such as driving with a suspended license or having prior DUI convictions, the sentence can go up to 25 years in prison.
  • Fine Structures: Along with the prison sentence, felony DUI convictions carry steep fines, ranging from $10,000 to $25,000. These fines are in addition to any civil penalties resulting from wrongful death lawsuits filed by the victim’s family.
  • License Revocation: A felony DUI conviction results in an automatic license revocation for several years, and drivers may be required to install an ignition interlock device if they regain driving privileges.
  • Additional Requirements: South Carolina courts often impose additional conditions on those convicted of felony DUI, including:
  • Victim Impact Panels: Offenders may be required to attend victim impact panels, where they hear from individuals affected by drunk driving.
  • Substance Abuse Treatment: Courts may require participation in substance abuse treatment programs, especially if the driver has a history of alcohol or drug abuse.
  • Ignition Interlock: As a condition of regaining driving privileges, the offender may need to install an ignition interlock device, which prevents the vehicle from starting if alcohol is detected on the driver’s breath.
  • Community Service: Offenders may also be required to perform community service as part of their sentence.

Critical Evidence in Fatal DUI Cases

Building a strong case in a fatal DUI charge requires collecting and analyzing critical evidence. Some of the most important pieces of evidence include:

  • Blood Alcohol Testing: The results of the blood draw taken after the crash will show the driver’s BAC or whether drugs were present. This is the foundation of the prosecution’s case.
  • Drug Screening: In addition to alcohol, drivers will be screened for drugs. The presence of illegal drugs or prescription medications can increase the severity of the charges.
  • Vehicle Data Recorders: Many modern vehicles are equipped with data recorders, sometimes called “black boxes,” that record vehicle speed, braking patterns, and other information leading up to the crash. This data can be critical in proving or disproving fault.
  • Surveillance Footage: Video footage from nearby businesses, traffic cameras, or private homes can provide crucial evidence about the moments before and during the crash.
  • Medical Records: The injuries or fatalities will be thoroughly documented in medical reports, and these records are essential to proving the extent of the harm caused by the crash.
  • Expert Testimony: Experts in various fields are often called upon to provide testimony in felony DUI cases, including:
  • Toxicologists: These experts analyze blood and drug test results.
  • Accident Reconstructionists: They provide detailed reports on how the crash occurred and who was at fault.
  • Medical Experts: These experts testify about the extent of the victim’s injuries or the cause of death.

Long-Term Consequences

A felony DUI conviction will follow you for the rest of your life. Here’s what you can expect:

  • Prison Exposure: As mentioned, felony DUI convictions come with mandatory prison sentences, often for many years. This time in prison can have lasting psychological and emotional effects.
  • Permanent Felony Record: A felony conviction stays on your record permanently, making it difficult to find employment, secure housing, or pursue higher education.
  • License Implications: After serving time, regaining driving privileges can be difficult, and you may be required to install an ignition interlock device or face license revocation for years.
  • Civil Liability: In addition to criminal penalties, you may face civil lawsuits from the victim’s family, leading to further financial strain.
  • Career Impact: Many careers, especially those requiring professional licenses or background checks, will be out of reach with a felony DUI conviction. Employers may be reluctant to hire someone with a criminal record, and certain jobs will be off-limits entirely.

Conclusion: When a DUI Turns Fatal, the Consequences Are Life-Changing

A DUI that results in death is one of the most severe charges you can face in South Carolina, with penalties that extend far beyond the courtroom. If you’re involved in a fatal DUI accident, the legal and personal consequences will follow you for the rest of your life. At Thompson & Hiller Defense Firm, we understand the complexity of these cases and are here to help you navigate the legal system. Contact us today to build a strong defense and protect your rights.