The short answer: Felony DUI in South Carolina happens when an impaired driver causes great bodily injury or death to another person, and it carries mandatory prison time. If a drunk driver hurt you or killed someone you love, you can bring a civil injury claim for compensation that runs separately from the criminal case and has a lower burden of proof. You generally have three years to file, and because alcohol is involved, South Carolina’s usual cap on punitive damages may not apply.
Few things upend a life as fast as a crash caused by a drunk driver. In an instant, you’re facing surgeries, mounting bills, and time off work you cannot afford. Some of you are reading this after the worst possible news: that a spouse, parent, or child didn’t survive. We’re deeply sorry you’re here. For 30 years, Dan Pruitt Injury Law Firm has stood beside injured individuals and grieving families across South Carolina, and Greenville DUI accident attorney Dan Pruitt personally handles every case. We represent only injured individuals and families, never insurance companies or the drivers who caused the harm. Your consultation is free; there’s no upfront cost, and you owe us nothing unless we recover compensation for you.
In this article, we discuss:
– What felony DUI means in South Carolina.
– How the criminal case and your civil claim differ.
– What compensation you can recover, including punitive damages.
– When a bar or restaurant can be held responsible.
– Wrongful death claims after a fatal crash.
– Filing deadlines and how fault affects your case.
What Is Felony DUI in South Carolina?
Felony DUI is charged when someone, while under the influence of alcohol, drugs, or a combination, drives a motor vehicle and does any act forbidden by law or neglects any duty imposed by law in driving, which act or neglect proximately causes great bodily injury or death to another person. That’s very different from a standard DUI, where no one was seriously hurt. Once someone is badly injured or killed, the stakes change in both criminal and civil court.
Felony DUI causing great bodily injury
“Great bodily injury” means bodily injury that creates a substantial risk of death, or that causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. A conviction when great bodily injury results carries a mandatory fine of not less than $5,100 and not more than $10,100, and mandatory imprisonment of not less than 30 days and not more than 15 years.
Felony DUI causing death
When an impaired driver causes a death, the penalties climb. A conviction carries a mandatory fine of not less than $10,100 and not more than $25,100, and mandatory imprisonment of not less than one year and not more than 25 years. No sentence can undo your loss, but it reflects how seriously the state treats these crashes.
How Does the Criminal Case Differ From Your Civil Injury Claim?
The criminal case and your civil claim are separate matters in different courts with different goals. The criminal case is being prosecuted by the State of South Carolina against the driver, with penalties including fines, prison, and a license suspension. It doesn’t put a dime in your pocket for medical bills or lost wages.
Your civil claim is how you, the injured person or family, seek compensation for the harm done to you. Because the two cases are separate, you don’t have to wait for the criminal case to end to start your civil claim after a DUI crash.
The burden of proof is also lower for you. Prosecutors must prove guilt “beyond a reasonable doubt,” but in your civil case, you only need to show the driver was more likely than not responsible. That’s why a criminal conviction can strengthen your claim, and why you can still recover compensation even if the driver is never convicted.
What Compensation Can You Recover After a Drunk Driving Crash?
You may be able to recover money for both the financial and personal toll of the crash, including medical bills, future care, lost wages, reduced earning ability, property damage, and pain and suffering.
Drunk driving cases also open the door to punitive damages, which are meant to punish reckless conduct and deter others. South Carolina usually caps punitive damages, but that cap may not apply when the defendant has pled guilty to or been convicted of a felony arising out of the same act or course of conduct, or acted while under the influence of alcohol or drugs, other than lawfully prescribed drugs administered in accordance with a prescription, to the degree that the defendant’s judgment was substantially impaired.
Call (864) 721-6885 anytime for a free consultation. There’s no obligation, and we’re available 24/7.
When Can a Bar or Restaurant Be Held Responsible?
Sometimes the driver isn’t the only one at fault. South Carolina recognizes a civil cause of action known as dram shop liability, which can hold a bar, restaurant, or store responsible when it unlawfully serves alcohol to someone who then causes a crash. These claims can be vital when the driver doesn’t carry enough insurance to cover your losses.
Dram shop cases are complex and require swift action to preserve evidence, including receipts, video, and server records. If you think a business overserved the driver who hurt you, call us so we can investigate before that evidence disappears.
Wrongful Death Claims After a Fatal Drunk Driving Crash
If a drunk driver caused the death of a family member, South Carolina law allows a wrongful death claim on behalf of the surviving family. This claim can seek compensation for funeral costs, the loss of your loved one’s financial support, and the loss of their care, companionship, and guidance. A separate survival claim can recover what your loved one could have claimed themselves, such as medical bills and pain and suffering before death.
No amount of money brings back the person you lost. But holding the driver and any business that overserved them accountable can offer a measure of justice and help protect your family’s future. We handle these cases with the compassion your family deserves.
How Long Do You Have to File, and How Does Fault Affect Your Case?
In South Carolina, you generally have three years from the date of injury to file a personal injury claim, and for a wrongful death claim, the three-year period begins to run upon the death of the person on account of whose death the action is brought. Once that deadline passes, you usually lose the right to recover anything, so act quickly before evidence fades and memories blur.
South Carolina also follows a modified comparative negligence model with a 51% bar, meaning a plaintiff may not recover damages if assigned 51% or more of the fault. If you’re below that threshold, your damages are reduced in proportion to your share of the blame. In most drunk driving cases, the impaired driver carries the overwhelming share of fault, but insurers still try to shift blame onto injured individuals to pay less. We know these tactics and how to push back.
Frequently Asked Questions About Felony DUI Crashes in South Carolina
Do I have to wait for the criminal case to finish before filing my claim?
No. Your civil claim is separate and can move forward on its own. Waiting too long could actually push you past the three-year filing deadline, so it’s best to talk with a lawyer soon after the crash.
What if the drunk driver wasn’t convicted?
You can still pursue compensation. A conviction can help prove fault, but it isn’t required. Your civil case only requires showing that the driver was more likely than not responsible, a lower standard than that required for a criminal conviction.
How much does it cost to hire Dan Pruitt Injury Law Firm?
Nothing upfront. We work on a contingency fee basis, so you owe no attorney’s fee unless and until we recover compensation for you. Your consultation is always free.
Talk With a Greenville Drunk Driving Accident Lawyer Today
You didn’t choose this, and you shouldn’t face it alone. When a drunk driver upends your life or takes someone you love, you deserve an attorney who handles the legal fight while you heal. For 30 years, Dan Pruitt has personally represented injured individuals and families across Greenville, Spartanburg, Anderson, Pickens, Greenwood, Laurens, and throughout South Carolina.
We’ll meet you where it’s convenient, whether that’s our Greenville office, your home, or your hospital room, and we also offer virtual appointments. There’s no upfront payment, and you don’t pay unless we recover funds for you.
Call (864) 721-6885 now for a free consultation. We’re available 24/7.