Facing Felony DUI Charges In Charleston? Our Lawyers Can Help.
Last updated on June 3, 2026
Driving under the influence (DUI) charges are typically a misdemeanor charges. However, when a DUI results in great bodily injury or death to another person, it becomes a felony offense under South Carolina Code § 56-5-2945. This can lead to lengthy prison sentences, substantial fines and permanent changes to your driving privileges.
If you are facing felony DUI charges in Charleston or the surrounding Lowcountry area, Young & Young, Attorneys at Law, has extensive courtroom experience and deep knowledge of South Carolina’s DUI laws to defend your case.
What Are The Penalties For A Felony DUI In Charleston?
The consequences of a felony DUI conviction can be life-changing. Depending on the severity of the case, you could face:
- 30 days to 15 years in prison and fines of $5,100-$10,100 if it led to great bodily injury
- One to 25 years in prison and fines of $10,100-$25,100 if it led to a fatality
- Mandatory ignition interlock device for three years or five years, depending on whether it led to great bodily injury or a fatality
- License suspension until completion of sentence
- A permanent felony record
These penalties are just the beginning. The collateral consequences of a felony conviction are severe. It can impact your ability to vote, own firearms or travel internationally. It can also result in significantly higher insurance rates and make it difficult to find employment.
What Are The Elements Of A Felony DUI?
Prosecutors must prove beyond a reasonable doubt that the defendant was:
- Driving a motor vehicle
- Under the influence of alcohol, drugs or a combination of both
- Either committed an illegal act or neglected a legal duty while driving
- Caused great bodily injury or death to another person through that action or neglect
Prosecutors must prove each of these elements beyond a reasonable doubt for a felony DUI conviction. An experienced attorney can help evaluate the evidence against you and determine the best approach for your defense.
What Constitutes Great Bodily Injury?
South Carolina Code § 56-5-2945 defines “great bodily injury” as injuries that:
- Create a substantial risk of death;
- Cause serious, permanent disfigurement; or
- Lead to protracted loss or impairment of any bodily member or organ function.
Medical professionals typically classify severe head trauma, spinal cord injuries and injuries requiring extensive medical treatment as great bodily injuries. Courts will evaluate each case based on its specific circumstances and medical evidence.
Potential Defenses Against Felony DUI Charges In Charleston
Under South Carolina law, the prosecution for a felony DUI must prove impairment and causation. That means the prosecutors must prove that you were under the influence and also that your specific actions directly caused the injuries or death. Simply being impaired at the time of an accident does not automatically make you legally responsible for the damages.
Our defense strategy begins with an independent investigation because police reports may assign immediate blame to you. On the other hand, we can challenge the prosecutor’s evidence that you were impaired while driving. Our DUI attorney will carefully review every aspect of the evidence for errors, inconsistencies and constitutional violations.
Frequently Asked Questions About Felony DUI Charges
Drivers charged with felony DUI in Charleston County, Mount Pleasant and across the Lowcountry often have the same urgent questions. Below, our DUI lawyer has provided answers to help you understand the steps to take after a charge.
Can I be charged with a felony DUI in South Carolina if the other driver caused the crash on Highway 17 or I-26?
Yes, you can be charged, but that does not mean you can always be responsible for the damages. South Carolina law requires prosecutors to prove that your actions were the proximate cause of the accident and resulting injuries. If another driver caused the crash, you may have a strong defense even if you were intoxicated. Our attorney can investigate to challenge the prosecution’s theory of fault and fight to reduce or dismiss your charges.
How does the Ninth Circuit Solicitor’s Office handle felony DUI cases involving great bodily injury?
The Ninth Circuit Solicitor’s Office handles felony DUI cases involving severe injuries in the General Sessions Court. These cases often involve specialized crash investigators and reconstruction teams. Prosecutors take felony DUI cases extremely seriously, so early intervention from an experienced Charleston DUI lawyer is critical.
What happens to my professional license or CDL if I am convicted of a felony DUI in Charleston?
As a commercial driver, you may face mandatory commercial driver’s license (CDL) disqualification under South Carolina and federal law. On the other hand, as a professional, you may also face disciplinary action from state licensing boards. A felony conviction can trigger professional investigations and permanent employment barriers.
Why Choose Young & Young, Attorneys at Law, For Your Felony DUI Defense
When your future is at stake, experience and local knowledge make all the difference. As former DUI prosecutors and a former judge, our attorneys at Young & Young, Attorneys at Law, have:
- In-depth trial experience and a deep understanding of the criminal justice system from multiple perspectives
- Comprehensive criminal defense experience ranging from traffic court to serious felony cases
- Strong and respected relationships throughout Charleston’s judicial system
This foundation, combined with our active work throughout the Lowcountry’s judicial system, gives us deep insight into South Carolina DUI cases. We focus on keeping you informed and prepared, guiding you through each step of the legal process with clear communication and thorough preparation.
Put Experience On Your Side: Call Us Today
We know every hour counts when dealing with felony DUI charges. Our lines are open 24/7 to discuss your case and to help you explore your options. Schedule a free consultation with us by calling 843-619-7755. You can also send us a message through our contact page.
