Lexington Felony DUI Lawyer
It is an obvious point to make that a felony DUI is serious criminal offense.
At Law Office of James R. Snell, Jr., LLC, our head attorney,
James R. Snell, Jr., represents those charged with one of our State's three felony DUI
laws. If you or a loved one is facing charges or an arrest for a felony
DUI or any other serious driving offense, you are welcome to contact our
office to speak with a Lexington
criminal lawyer from our law office. We work with individuals from Lexington, Columbia
and other parts of South Carolina.
Situations in which a driver of a vehicle is involved in a serious DUI
accident are prosecuted under
South Carolina's felony DUI statute. This statute creates substantially increased penalties for those determined
to be driving impaired and involved in accidents with injuries or fatalities.
There is no requirement that the defendant have any prior record of DUI
arrests or convictions in order to be charged under the felony DUI statute.
What is charged as a felony DUI in South Carolina?
Fourth and subsequent DUI arrests are also prosecuted as felonies in South
Carolina. The penalties for those convicted of a fourth DUI range from
a minimum of one year up to seven years in prison. For repeat DUI offenders
there is no requirement that the DUI case involve a death or injury to
be treated as a felony.
Felony DUI with Death
- DUI cases involving a death are prosecuted as a felony DUI with death.
This offense carries no less than one year in prison with a maximum of
25 years. It is classified as a violent crime of sentencing and classification
purposes at the South Carolina Department of Corrections.
Felony DUI with Great Bodily Injury
- In DUI cases involving great bodily injury, they carry a minimum of 30
days to a maximum of 15-year sentence. All felony DUI cases are prosecuted
in general sessions. If you have been charged with a felony DUI with great
bodily injury, a lawyer can stand by your side and help you get the defense you need.
Felony DUI Defenses
Defending a felony DUI case is substantially different than an ordinary
DUI case. Felony DUI cases are routinely investigated by the Highway Patrol's
accident reconstruction group. In addition to having to prove impairment,
the state also has the additional burden of proving some other traffic
law violation related to the accident. There may also be defenses available
for suppressing statements made by the defendant, the admissibility of
any blood alcohol levels and challenges regarding the procedures followed
by law enforcement.
Have you been arrested for a felony DUI in Lexington?
If you or a loved one has been involved in a
DUI related accident or has been charged with felony DUI, there are several
steps that should be undertaken. Until you are able to consult with an
attorney, it is advisable that you make no statements to law enforcement
or answer any questions. Due to the law surrounding blood alcohol testing
procedures and the right to an independent test, it is important to seek
guidance in these cases at the earliest opportunity. Although a felony
DUI arrest is the most serious traffic related offense in South Carolina,
no case is hopeless.
James Snell has experience representing clients charged with a felony DUI
with death and with great bodily injury. In almost all cases there are
substantial opportunities to present both legal and factual defenses as
well as to present the mitigating circumstances necessary to ensure the
best result possible. If you have been charged with felony DUI,
contact a Lexington criminal lawyer at the Law Office of James R. Snell, Jr., LLC. Initial appointments are
held on a confidential and no-cost basis. Don't delay! You begin to
lose your rights to challenge a Felony DUI arrest beginning in as little
as ten days.