Where your case likely stands
- Property damage only: a DUI, with penalties set by the offense number and alcohol level (S.C. Code § 56-5-2930).
- Someone was hurt, but not "great bodily injury": not felony DUI, though other charges can be added.
- Great bodily injury to another person: felony DUI, 30 days to 15 years in prison and a $5,100 to $10,100 fine (S.C. Code § 56-5-2945(A)(1)).
- Another person died: felony DUI, 1 to 25 years in prison and a $10,100 to $25,100 fine (S.C. Code § 56-5-2945(A)(2)).
"Great bodily injury" means an injury that creates a substantial risk of death, or causes serious permanent disfigurement or long-term loss or impairment of a body part or organ (S.C. Code § 56-5-2945(B)). Felony DUI sentences can't be suspended, and probation isn't allowed. More: is a DUI a felony in South Carolina?
Testing after a serious crash
When police have probable cause for felony DUI, you must submit to breath, blood or urine testing, and resisting can be used as evidence at trial (S.C. Code § 56-5-2946). You have the right to have a qualified person of your choice run additional tests at your own expense, and you must be told about that right (S.C. Code § 56-5-2946(B)).
Don't give statements to insurance companies or post about it yet. Call anytime for a free case review with a local DUI attorney.
Leaving the scene makes it worse
A driver in a crash where someone is hurt or killed must stop and stay at the scene. Leaving is a separate crime: up to a year in jail when someone is injured, a felony with up to 10 years when there's great bodily injury, and a felony with up to 25 years when someone dies (S.C. Code § 56-5-1210(A)).
What to do now
- Keep every document: ticket, bond paperwork, any notice of suspension, the accident report number and tow receipts.
- Don't give recorded statements to the other driver's insurance company before you've talked to an attorney.
- Notify your own insurer as your policy requires, but stick to the basic facts.
- Don't post about the crash or message anyone involved.
- Watch the 30-day license deadline. If you got a notice of suspension, calculate your deadline.
- Get a free case review today. Crash cases move fast, and evidence like video and the vehicles can matter.
After a felony DUI conviction
The DMV suspends the license, and after release from prison an ignition interlock is required for three years when there was great bodily injury and five years when someone died (S.C. Code § 56-5-2945(C)). Felony DUI cases are heard in the Court of General Sessions in Conway: find your court.
Visitors
A crash on vacation still creates a South Carolina case, and a conviction is reported to your home state (S.C. Code § 56-1-640). See DUI on vacation in Myrtle Beach and do I have to come back for court?
Frequently asked questions
Is a DUI with an accident a felony in South Carolina?
Only if another person suffered great bodily injury or died. A crash with property damage only, or with injuries that don't meet that definition, isn't felony DUI, though it can still be charged as a DUI along with other offenses.
Do I have to take a blood test after a DUI accident in South Carolina?
If police have probable cause for felony DUI, yes. You must submit to breath, blood or urine testing, and resisting can be used as evidence. You can have additional tests done at your own expense.
What happens if I left the scene of an accident in Myrtle Beach?
Leaving the scene of a crash where someone was hurt or killed is a separate crime, from up to a year in jail for an injury to a felony with up to 25 years when someone dies. Get a case review right away.
Should I talk to the other driver's insurance company after a DUI crash?
Not before you've talked to an attorney. What you say can be used in the criminal case. Notify your own insurer as your policy requires, sticking to the basic facts.
Related guides
Is a DUI a felony in SC?
Usually not. A fourth offense, or a DUI that seriously hurts or kills someone, is.
Read the guideWhat happens after a DUI arrest
Booking, bond court in Conway, the video rule, your first court date and the license clock.
Read the guideLicense suspension & the 30-day hearing
Refused or tested .15+? You have 30 days to request a hearing. Includes a deadline calculator.
Read the guideWhich court is my DUI case in?
How to read your ticket, and addresses and phone numbers for every Horry County DUI court.
Read the guide