A felony DUI is a specific charge that can change a convicted driver’s life forever. The permanent or life-ending consequences of a DUI crash for another driver demand accountability. This accountability comes in terms of harsh penalties upon conviction.
However, offenders have a right to defend themselves against a felony DUI. Defending yourself alone in a criminal court is risky business. You place yourself at risk for a conviction, a strict sentence of fines, and prison.
A South Carolina felony DUI attorney understands how to approach such cases. Felony DUI accidents are highly emotional cases for everyone involved, especially the families of victims. Protecting your rights and defending your case is less stressful with an attorney by your side.
Most DUI charges are misdemeanors. State law classifies a felony DUI as a more serious offense with harsher fines and possible imprisonment.
South Carolina law states that a driver under the influence of alcohol, drugs, or a combination, who violates a traffic law or commits an act that proximately causes harm to another is guilty of the offense of DUI.
The phrase proximately causes derives from the Latin word proximus, which means nearest. Proximate cause in a felony DUI crash refers to a driver’s negligence being the nearest cause of the resulting bodily injury or death.
South Carolina prosecutors fight for substantial felony DUI punishments. Any driver arrested and charged with felony DUI has a right to defend themselves from the charges. If you are facing a possible felony DUI conviction, contact an attorney today.
The two types of felony DUI are those that result in great bodily injury to a person and that result in someone’s death. While a felony DUI can also occur with a fourth arrest for such a crime, it is these two types that comprise most felony DUI cases.
Significant bodily injury due to a DUI crash refers to an injury that increases a person’s risk for death. It can also refer to injuries so severe that a person suffers disfigurement or reduced use or loss of a body part or organ.
Several hundred people die each year on South Carolina city streets, rural country roads, and highways due to impaired drivers. A felony DUI for a crash that killed another person changes lives on a massive and heartbreaking scale.
If you are charged with felony DUI for an accident resulting in great bodily injury or death, you have a right to defend yourself in court. Securing the services of a South Carolina DUI attorney better protects your rights and your chance for the most favorable outcome possible.
The penalties for a felony DUI in South Carolina are essential to understand soon after your arrest. Knowing what you face can help motivate you to contact an attorney at once.
South Carolina penalties for felony DUI are as follows:
Seriously Bodily Injury
Felony DUI Resulting in Death
Choosing the right attorney for your case is critical for protecting your rights, reputation, and future. Choose one you feel comfortable communicating with and trust with your case.
At Whalen Montalvo Attorneys at Law, we help clients navigate challenging times. Whether a birthday celebration or other alcohol event led to your predicament, you have a right to a defense.
James Whalen is a highly-skilled felony DUI attorney ready to get to work for you. A South Carolina native, he combines his past government legal experience with his knowledge of his home state’s laws.
Eric Montalvo is a U.S. Marine Corps veteran with criminal DUI courtroom experience. His past military leadership and law skills are invaluable to those facing severe penalties.
James and Eric are graduates of the University of South Carolina School of Law and are proud to practice law in the Palmetto State. They are familiar with South Carolina courts and have experience working with area prosecutors and judges. As respected attorneys, James and Eric are known for their professionalism in and out of court.
No one can predict the outcome of your felony DUI charges. However, James Whalen and Eric Montalvo acknowledge their client’s fears and prepare the best defense possible.
The why, when, how, and who of your arrest are critical to your case. Reviewing every detail of your traffic stop, the accident, and arrest is necessary for building your defense.
For example, your case may involve a law enforcement misstep that violated your constitutional rights. Blood alcohol content (BAC) testing may have been inaccurate or otherwise faulty. Accident scene photographs and witness accounts may differ from a police accident report. One intricate piece of evidence may change the trajectory of your case.
Your felony DUI case can vary significantly from a similar case. It is unwise to assume that you can manage your case by following the same approach taken by another offender. Place your case in qualified hands and let Whalen Montalvo Attorneys at Law manage the details. From evidence gathering to court filings, your attorney will see your case through from start to finish.
Is it possible to get a felony DUI charge reduced?
The possibility of getting your felony DUI charge reduced to a lesser charge depends upon the details of your case, any previous charges, and a prosecutor’s willingness to negotiate.
Will my felony DUI case go to trial?
Your felony DUI case may go before a judge and a jury. If so, hiring a South Carolina felony DUI attorney with courtroom experience is vital for your case. A powerful presentation of the facts of your case can have a significant impact on a jury.
Can a judge dismiss my felony DUI charges?
Your attorney may ask a judge to dismiss your charges during a pretrial hearing or motions case. Different factors can influence the opportunity for the request and a judge’s decision.
How can I help my felony DUI case?
Felony DUI offenders can help their case by not discussing it with others or posting about their accident on social media. A casual statement may be misinterpreted and used against you, making your case difficult to win.
A serious crash and felony DUI charge can turn your world upside down. One of the worst things you can do is delay in contacting an attorney. Get started now by scheduling a free consultation with Whalen Montalvo Attorneys at Law.
South Carolina felony DUI laws are strict. A conviction can take you away from your family, hurt your finances, and give you a criminal record. Let us help you with your defense.
A felony DUI is a serious legal matter. Understanding the process is easier with a South Carolina DUI attorney by your side. Get the answers to your questions by scheduling a free consultation today.
Driving under the influence of alcohol and/or drugs is never acceptable behavior. However, the United States Constitution protects citizens’ rights, and you have a right to defend a criminal charge.
The significant impact a DUI driver’s negligence has on another road user is why South Carolina laws are strict and unforgiving. The laws serve as a possible deterrent and as a form of accountability.
As South Carolina felony DUI attorneys, Whalen Montalvo strive to defend drivers against improper police tactics. The aftermath of a DUI crash is chaotic, yet there is no excuse for a mishandling of anyone’s rights or of evidence.
Time is very important when discussing your case with a member of our team. Our staff is friendly and compassionate. We want to learn more about the event that changed your life, why you were charged, and how we can help.
Do not wait until a week before your court date to secure legal representation. Contact Whalen Montalvo Attorneys at Law today to schedule a free consultation: (864) 770-7710.
I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.
I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.