Aggravated DUI Attorney in Summerville
Former Prosecutors Defending South Carolina Felony DUI Charges
An aggravated DUI allegation can lead to felony prosecution when the state claims impaired driving caused great bodily injury or death. South Carolina law calls this offense felony driving under the influence under South Carolina Code Section 56-5-2945. Your immediate priorities are understanding the precise charge, the alleged injury, your bond conditions, and your upcoming court dates.
At TMW Law, we draw on our experience as former prosecutors when handling DUI defense. Our attorneys have more than 50 years of combined legal experience, and our boutique structure gives you direct attorney attention rather than handing your case to junior staff.
Speak with our aggravated DUI lawyers in Summerville about the allegation and your next procedural steps. Call (843) 891-6100.
What to Bring to Your Initial Case Review
A prompt review can separate your criminal court obligations from driver’s-license issues, which may proceed on different tracks. We can assess the available records, identify deadlines, and determine what evidence may need to be preserved.
Gather any documents or information currently available:
- Charging documents: Citations, warrants, arrest paperwork, and written bond conditions.
- Court notices: Hearing dates, court assignments, and preliminary-hearing information.
- License records: Suspension notices and other documents concerning your driving privileges.
- Incident materials: Accident reports, photographs, witness information, and insurance correspondence.
- Testing information: Breath or blood testing records and any available video.
Don’t post about the incident or discuss its facts with investigators before understanding your legal rights. Even an informal statement can become part of the state’s evidence.
South Carolina Felony DUI Charges & Penalties
This offense requires more than an allegation of impairment. The prosecution must claim that a person under the influence drove a vehicle and either committed an unlawful act or neglected a legal duty, proximately causing great bodily injury or death. Proximate causation is the legally sufficient connection between the alleged conduct and the resulting harm.
South Carolina Code Section 56-5-2945 defines great bodily injury as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in the prolonged loss or impairment of a bodily member or organ.
The statute establishes different classifications and consequences:
- Felony DUI causing great bodily injury: A mandatory fine of $5,100 to $10,100 and imprisonment for 30 days to 15 years.
- Felony DUI resulting in death: A mandatory fine of $10,100 to $25,000 and imprisonment for one to 25 years.
A conviction can also trigger driver’s-license suspension and ignition interlock device requirements. The interlock period differs depending on whether the case involves great bodily injury or death. These consequences are separate from pretrial bond conditions and administrative license matters that may arise earlier.
Evidence That Can Shape an Aggravated DUI Case
The state may rely on driving conduct, officer observations, field sobriety testing, chemical test results, video, witness accounts, crash evidence, and medical records. Each category raises questions about how the evidence was obtained, preserved, interpreted, and connected to the alleged harm.
A defense investigation may examine:
- The stop or encounter: Whether officers had lawful grounds for the traffic stop, detention, and arrest.
- Impairment evidence: Officer observations, field sobriety procedures, alleged statements, and drug-related evidence.
- Breath and blood testing: Testing procedures, reliability, chain of custody, and compliance with legal requirements.
- Causation: Whether the evidence establishes the required connection among alleged impairment, driving conduct, and injury or death.
- Injury classification: Whether the medical evidence satisfies the statutory definition of great bodily injury.
How Felony DUI Proceedings Unfold in Summerville
Dorchester County Magistrate Court may address bail and preliminary-hearing matters. Later felony proceedings may move to a higher court, depending on the charging documents and case status. Bond hearings, preliminary hearings, license proceedings, and criminal prosecutions serve different purposes and shouldn’t be treated as one process.
We defend clients in Summerville and throughout the surrounding Lowcountry. Our former-prosecutor background helps us evaluate the state’s theory, anticipate evidentiary issues, and prepare for negotiation or trial. We don’t assume either path is appropriate before reviewing the facts.
Early preparation may include tracking court dates, preserving video and other records, reviewing discovery, evaluating potential motions, and investigating the crash. The sequence depends on the arresting agency, court assignment, alleged injury, and evidence available in the individual case.
