In most cases, a first DUI in Greenville is not a felony. But if you already have DUI convictions, you may wonder: how many DUIs is a felony?
In South Carolina, a fourth or subsequent DUI is charged as a felony. Any DUI conviction, whether it’s a felony or misdemeanor, can seriously affect your life. A Greenville DUI defense attorney at Smith Jordan Law can help protect your rights and work to reduce the impact of the charges.
What is considered driving under the influence in South Carolina?
South Carolina’s DUI laws are comparable to those of most other states in that a blood alcohol concentration (BAC) over .08 is considered driving under the influence. According to the South Carolina Department of Public Safety, there are two legal thresholds to consider in a DUI charge.
Suppose you are pulled over and the officer provides a BAC level of .05-.07. In that case, they may consider this as evidence that you were driving under the influence. However, to arrest you for a DUI, they must have other evidence of intoxication, such as a failed field sobriety test.
The above criteria for a DUI are for individuals over the age of 21. If you are under 21 years old, you should not have any alcohol in your bloodstream, and the legal limit for underage drivers is .02% which provides a margin of error in testing or other considerations.
When a DUI becomes a felony in South Carolina
DUIs in South Carolina are typically considered a misdemeanor if they occur without aggravating factors. However, the charges and penalties increase in severity if you have prior DUI convictions. Some of the most important SC DUI laws are those that outline the penalties for a conviction, which can include:
- Fines
- jail time (local or state prison)
- community service
- license suspension
- mandated alcohol treatment program
On your fourth or subsequent DUI charge, it becomes a class 4 felony. The penalties can include the above, plus complete license revocation, which cannot be reinstated. Further, a felony DUI conviction can have lasting consequences on your social relationships as well as housing and employment opportunities.
Aggravating factors that turn a DUI into a felony DUI
A DUI case is considered a Felony DUI if a victim suffers great bodily injury or death as a result of the DUI. Both Felony DUI with Great Bodily Injury and Felony DUI with Death are felony offenses and carry more severe penalties than a regular DUI.
Other aggravating factors include having a blood alcohol concentration (BAC) over .10% or driving under the influence with a child under 16 in the vehicle. These circumstances can result in harsher penalties, including longer prison sentences, higher fines, and lasting damage to your record.
Call Smith Jordan Law to protect yourself from DUI penalties
If you are arrested and charged with a DUI, it doesn’t matter whether it is a misdemeanor or a felony charge. A conviction will have significant consequences in your life, and you need a criminal defense law firm experienced in DUI cases.
At Smith Jordan Law, you can trust that our team is honest with you about your situation and options. We do not shy away from difficult conversations to avoid an awkward situation. We offer free case consultations that allow you to sit and speak with an attorney. The longer you wait, the more vulnerable you are to conviction. You can schedule a consultation online or call us at (864) 343-2222.