Lexington Felony DUI Lawyer

In South Carolina, a DUI charge can be enhanced to a felony offense in three ways: numerous subsequent offenses, great bodily injury, or death. A felony DUI with a great bodily injury is based on how the type of injury is defined under the South Carolina Code of Laws. Great bodily injury is defined as a bodily injury that is life-threatening, causes permanent disfigurement, or results in the loss or impairment of the function of any bodily function or organ. To arrest a person for a felony DUI based on great bodily injury, there has to be probable cause resulting in the exact injury of the person received that rises to the level of meeting that definition for great bodily injury.

When the police officer believes that there is a probable cause of driving under the influence and then there is a fatality involved, that is when great bodily injury resulting in death can occur. The penalties for felony DUI of great bodily injury and DUI resulting in death are much harsher.

If you have been charged with a felony DUI, you should consult a knowledgeable DUI attorney right away. A Lexington felony DUI lawyer could fight for you and stand by your side throughout the legal process.

Differences in a Felony DUI and a Misdemeanor DUI Case

There is a big difference in the case process of a felony DUI compared to a misdemeanor DUI. In the South Carolina Code of Laws, it is mandatory that the police officers have that audio and video recorded at the incident site.

At the testing site, it is either going to be a breath, urine, or a blood test, or a refusal to provide a sample. The blood test generally only occurs when someone is taken to the hospital or in a felony DUI. The blood draws are generally never done at the police station. The breath test is the preferred and usual method by officers.

With a felony DUI, the process is much different. Generally, the South Carolina Department of Public Safety’s Highway Patrol has an accident reconstruction team, which comes out to the site. They will take photos of the accident and do an analysis to reconstruct the accident. Depending on the age of the vehicles involved, they will get the black box information to know how fast the vehicle was going, what direction, and whether the brakes were applied to list a few.

At that point, the officers will go pursue a search warrant and try to seek a blood draw through a search warrant. Felony DUI cases are heavily investigated and detail-oriented from a law enforcement standpoint. For more information about felony DUI cases, reach out to a seasoned lawyer today.

Felony DUI Penalties

For a felony DUI resulting in great bodily injury, the maximum sentence is 15 years in jail, where the maximum penalty for felony DUI resulting in death is 25 years. Also, the defendant will face expensive fines and will be looking at other long-term repercussions. Law enforcement takes felony DUI cases seriously and works hard to secure a conviction. Therefore, a person facing these penalties should consult with a felony DUI lawyer in Lexington right away.

Call a Lexington Felony DUI Attorney

A local and experienced attorney could help a defendant in several ways. A Lexington felony DUI lawyer could advocate for you and help you build a strong defense. An attorney could also work with the prosecutors to try to negotiate a favorable plea deal. If the plea deal is not adequate, then the lawyer could fight to win the case at trial. If you are facing felony DUI charges, you should obtain a dedicated attorney right away. A felony DUI attorney in Lexington is knowledgeable about how to navigate through the criminal justice system and help defendants reach a favorable resolution to their case.