Felony DUI Attorney in Charleston

Compassionate & Skilled Felony Drunk Driving Defense in Charleston

When facing a felony DUI charge in Charleston, every part of your life can feel uncertain. Our felony drunk driving attorneys understand this stress, offering clear answers and individualized strategies. We keep your best interests at the center of our work, approaching every detail with professionalism and genuine respect. We're here to guide you from your first phone call to the final outcome.

We understand the anxiety of a felony DUI charge after a serious accident, especially concerning your job and reputation. We provide careful guidance on professional implications, communications with employers, and licensing boards. Our firm has deep local knowledge of Charleston's courts, where increased police presence leads to high arrest rates. We listen to your story and build a tailored defense together, so you never face this alone.

Call (843) 790-0083 or reach out online now to speak with an experienced aggravated assault attorney in Charleston. We offer free consultations to review your charges and discuss your defense options.

Understanding South Carolina's Felony DUI Laws

South Carolina Code Annotated (S.C. Code Ann.) § 56-5-2930 and § 56-5-2933 define standard DUI offenses, including driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher, or being under the influence of alcohol, drugs, or intoxicating substances to an extent that impairs your ability to operate a vehicle safely. 

However, a DUI can be elevated to a felony under specific circumstances, as defined by S.C. Code Ann. § 56-5-2945 and S.C. Code Ann. § 56-5-2940. A felony DUI attorney in Charleston will immediately determine if your charge falls into one of these enhanced categories.

Key Factors That Elevate a DUI to a Felony in South Carolina:

• DUI Causing Great Bodily Injury (S.C. Code Ann. § 56-5-2945(A)(1)): This is the most common trigger for a Felony DUI charge. A person commits Felony DUI if, while driving under the influence of alcohol or drugs, they cause great bodily injury to another person.
• DUI Causing Death (S.C. Code Ann. § 56-5-2945(A)(2)): If your operation of a motor vehicle while under the influence of alcohol or drugs causes the death of another human being, it is automatically a felony.
• Fourth or Subsequent DUI Offense (within a lifetime) with other aggravating factors: While a Fourth or subsequent DUI offense in South Carolina is a felony, it is generally charged under S.C. Code Ann. § 56-5-2940 (DUI, DUAC—Fourth or subsequent offense) rather than the "Felony DUI" of § 56-5-2945. However, the penalties are still severe and felony-level.

Penalties and Collateral Consequences of Felony DUI Convictions in South Carolina

A conviction for Felony DUI in South Carolina carries severe and life-altering penalties, extending far beyond incarceration and impacting nearly every aspect of your life.

• Prison Time: Ranging from mandatory minimum 30 days up to 15 years for Felony DUI resulting in great bodily injury, and 1 to 25 years for Felony DUI resulting in death.
• Fines: Ranging from $5,100 to $10,100 (for great bodily injury) to $10,100 to $25,100 (for death).
• License Revocation: Mandatory, indefinite, or permanent revocation of your driver's license. For Felony DUI resulting in death, the revocation is permanent. Reinstatement, if possible, is subject to strict conditions.
• Ignition Interlock Device (IID): Mandatory installation for extended periods (3 years for great bodily injury; 5 years for death), at your expense.
• Probation/Parole: Probation is generally not an option for these felony convictions.
• Mandatory ADSAP: Required completion of the Alcohol and Drug Safety Action Program (ADSAP).
• Restitution: Mandatory payment to victims for injuries, damages, or losses.

A felony DUI conviction leads to a permanent criminal record, severely impacting your future. It eliminates most employment opportunities, can cause professional licenses to be suspended or revoked, and results in the temporary loss of voting rights and a permanent loss of firearm possession. The conviction also causes profound reputational damage, affecting personal and professional standing.

Furthermore, a felony DUI conviction almost always leads to civil lawsuits from victims and triggers severe immigration consequences for non-U.S. citizens, including immediate deportation. You will also face skyrocketing auto insurance costs and may need to maintain SR-22 insurance, compounding the immense financial strain of the conviction.

Our Comprehensive Approach to Felony DUI Defense

Successfully defending against Felony DUI charges requires a multi-faceted, highly strategic, and aggressive approach. These cases invariably involve complex accident reconstruction, forensic analysis, and often sensitive medical testimony. At Thurmond Kirchner & Timbes, P.A., our firm is prepared to handle every aspect of your defense. A felony DUI attorney in Charleston on our team begins working immediately to protect your interests.