Columbia Felony DUI Lawyer

The two types of felony DUI charges available in South Carolina are great bodily injury and death. A felony DUI is when great bodily injury or felony DUI death results, and is when a DUI becomes a felony.

A felony DUI is a much more detailed investigation from law enforcement’s standpoint. A Multidisciplinary Accident Investigation Team (MAIT) is an accident reconstruction team from the Department of Highway Patrol. The MAIT team conducts a full investigation and makes its own report regarding the accident. The police are much more aggressive in trying to collect evidence and get statements from the driver and witnesses.

Emotions are high for someone who was severely injured or the family of someone was killed. These cases get more attention from prosecutors and are less likely to be negotiated to a reduced sentence. This is why it is important to hire an experienced DUI attorney. A Columbia felony DUI lawyer may be able to build you a strong defense.

First Steps an Attorney takes in Preparing a Defense for Felony DUI Charges

The first thing an attorney may do when preparing a defense for a felony DUI charge is hiring independent experts, an independent accident reconstruction expert, and an independent toxicologist to make sure the case is properly defended. The accident reconstruction expert can review the MAIT team’s report. The toxicologist can review any of the toxicology results taken from the hospital and the lab.

When there is a statute that says, in felony DUI cases, blood must be drawn from the individual, there are some constitutional issues involved. The toxicologist is as critical as the accident reconstruction. The first thing is making sure that the person is aware of their rights and understands the procedures. The attorney then starts to build the appropriate defense by hiring the best experts to properly review the state’s evidence.

Difficulty of Defending a Felony DUI Charge

Due to the police being able to provide a more detailed investigation, they make fewer mistakes and there is more evidence. The MAIT report is quite detailed and thorough, and they are good at making sure their reports do not contain mistakes. Another reason why DUI charges are much more difficult to defend is that prosecutors are less likely to reduce the charges and less likely to negotiate a favorable plea offer in those charges when someone was severely injured or killed.

Importance of Hiring a Columbia Felony DUI Lawyer

The penalties for a felony DUI great bodily injury is a mandatory minimum of 30 days up to 15 years in jail. If there was a death, this charge may have a mandatory minimum penalty of 1 year in prison up to 25 years in prison.

Felony DUI cases are special cases. They are heavy on facts that are different than the standard DUI first and magistrate court. Defending them is much different than a basic charge of somebody at a traffic stop or a roadblock. An attorney with local experience knows which experts are the best ones to obtain and which experts previously appeared before the judges.

An experienced attorney is important because they know all the main areas to focus on. They are experienced in the courtrooms and know the police and the prosecutors involved. They know the judges and have a better idea of how to provide the best defense possible for the person charged with a felony DUI. If you have been charged with this type of crime, contact a Columbia Felony DUI Lawyer who may be able to provide you with the legal counsel you deserve.