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Johnathan MWhat Is DUI Causing Great Bodily Injury in South Carolina?
South Carolina Code Section 56-5-2945 defines felony DUI causing great bodily injury. The statute lists two forms of felony DUI: one involving death and one involving great bodily injury. Both forms appear in the same section, featuring different penalty tiers.
To convict someone of the great bodily injury charge, the prosecution must prove four elements beyond a reasonable doubt:
You were under the influence of alcohol, drugs, or both.
You were driving a motor vehicle while under that influence.
While driving, you committed an act forbidden by law or neglected a duty imposed by law in the operation of the vehicle.
That act or neglect was the proximate cause of great bodily injury to another person.
The definition of “great bodily injury” under SC Code 56-5-2945(B) is precise: injury creating a substantial risk of death, resulting in serious, permanent disfigurement, or leading to protracted loss or impairment of any bodily member or organ. Injuries that heal fully typically don’t qualify. This definition often becomes a focal point of legal disputes.
Impairment alone isn’t enough. The state must prove that your specific negligence, an unlawful act or omission, was the proximate cause of the victim’s injuries. Your impaired state combined with a specific failure in driving creates criminal liability.
The injury must be to another person, not yourself. If you were the only injured party in the accident, this charge doesn’t apply.
Penalties for DUI Causing Great Bodily Injury in Greenville, SC
The penalties for felony DUI causing great bodily injury under SC Code 56-5-2945(A)(1) are significant and mandatory.
Prison: Mandatory imprisonment ranges from 30 days to 15 years. Every day of the mandatory minimum must be served. No part of the sentence can be suspended, and probation isn’t an option for any part of it.
Fine: A compulsory fine between $5,100 and $10,100 is levied. Of this, $100 goes into the Department of Public Safety’s special account for the Highway Patrol.
Driver’s License: The DMV will suspend your license for the entire duration of your imprisonment, any suspended sentence period, parole, and probation, plus an additional three years.
Ignition Interlock Device: After prison release, you must join the IID Program under SC Code 56-5-2941, acquire an ignition interlock restricted license, and have the device attached to your vehicle for three years before full driving privileges are restored.
This penalty structure ensures leniency isn’t legally possible. A judge can sentence you anywhere between 30 days and 15 years but cannot go below 30 days, cannot suspend any part of this minimum, and cannot substitute probation.
Compare this to a standard First Offense DUI, which carries penalties from 48 hours to 30 days and a $400 fine. The leap to felony DUI causing great bodily injury is considerable. It’s a distinct legal category with repercussions that linger for decades.
How DUI Causing Great Bodily Injury Cases Are Prosecuted in Greenville County
Felony DUI causing great bodily injury cases are tried in the Greenville County General Sessions Court in the 13th Judicial Circuit. These aren’t minor matters resolved at the magistrate level. From the investigation’s start, the state builds a felony case.
At the scene, law enforcement will secure the crash site, document injuries, photograph evidence, and collect witness statements. If the victim’s injuries are severe, traffic enforcement unit investigators may be called. A blood draw warrant will typically be pursued if you refuse the breath test or if the facts suggest a blood draw would be more reliable.
The prosecution collaborates with the victim’s medical providers to document injury severity. Whether those injuries meet the legal standard of “great bodily injury” can be contested, and the state will gather medical records and professional opinions to substantiate their case.
South Carolina’s mandatory video recording requirement under SC Code 56-5-2953 means your actions at the incident site and at the breath testing site will be captured on camera.
A grand jury indictment is required. The case progresses through arraignment, pretrial motions, discovery, and trial or plea. A skilled DUI Lawyer can challenge evidence during the pretrial phase before it reaches a jury.
Some cases also involve civil litigation brought by the injured party, adding pressure to resolve the criminal matter quickly.
Defense Strategies for DUI Causing Great Bodily Injury
This felony charge carries mandatory prison time, but it is not an automatic conviction. There are specific defenses an attorney can pursue.
Contest the “great bodily injury” element. This is highly disputed in felony DUI cases. The law requires injuries posing a substantial risk of death, causing permanent disfigurement, or resulting in protracted loss of function. If the injuries don’t meet this definition, the charge could be reduced to a lesser offense of simple DUI. Medical professionals can provide testimonies about the severity and prognosis of the victim’s injuries.
Challenge causation. The state must establish that your negligent act was the proximate cause of the injury. If the other driver made an error, if road conditions contributed, or if the victim’s actions played a role, these can break the causal chain the prosecution needs. Accident reconstruction professionals can counter the state’s narrative.
Attack the impairment evidence. Was the BAC test conducted properly? Was it within two hours of arrest? Was the testing officer certified? Was the equipment functioning correctly? Was blood preserved and tested following proper protocols? Any defect in the evidence chain offers a challenge opportunity.
Suppress unlawfully obtained evidence. Every investigation stage is subject to constitutional scrutiny. Unlawful stops, improper searches, and Miranda violations can lead to evidence exclusion, altering what the state can prove.
Use the video recording. SC Code 56-5-2953 mandates video at both incident and testing sites. If the video contradicts an officer’s account of your behavior or condition, that’s potent impeachment material for the defense to present before a jury.
Examine the scene independently. Hiring your own accident reconstruction skilled early, before evidence at the scene degrades, can be one of the most critical steps your attorney takes.
Cases with both alcohol and drugs as factors may benefit from coordinated efforts between a criminal defense attorney and a Drug Lawyer to address all charges collectively.
Why You Need a DUI Causing Great Bodily Injury Lawyer in Greenville
Fifteen years in prison. That’s the maximum penalty for a single felony DUI causing great bodily injury conviction in South Carolina. Even at the mandatory floor, you’re looking at at least 30 days of imprisonment that can’t be suspended or replaced with probation.
Beyond prison, the consequences accumulate. There’s a three-year license revocation after release, three more years of IID requirements, and a permanent felony conviction that affects every job application, background check, and licensing proceeding.
If you have prior Second Offense DUI or Third Offense DUI convictions, prosecutors will factor that history into how aggressively they pursue sentencing. A Felony DUI (4th Offense) conviction alongside a felony DUI causing great bodily injury creates a significant cumulative record.
If the victim’s condition worsens, leading to death after the initial charge, it can be elevated to DUI Causing Death, featuring even harsher penalties. Your attorney needs to track the victim’s condition and the state’s charging decisions throughout the case.
There is no expungement path for a felony DUI conviction under SC Code 56-5-2945. Such a conviction remains permanent.
John Crangle is a Greenville Criminal Defense Lawyer handling felony DUI cases throughout the 13th Judicial Circuit. He understands how these cases are investigated, how Greenville County prosecutors approach them, and where the defense has chances to challenge the evidence.
Contact John Crangle immediately if you or someone you care about faces a felony DUI causing great bodily injury charge. Delaying only narrows your options.