The two ways a DUI becomes a felony
- Fourth or later DUI within 10 years: a Class F felony, 1 to 7 years in prison depending on the alcohol level.
- DUI causing great bodily injury: a Class D felony, 30 days to 15 years in prison.
- DUI causing death: a Class B felony, 1 to 25 years in prison.
Sources: (S.C. Code § 56-5-2930(A)(4)), (S.C. Code § 56-5-2945(A)) and the felony classifications in (S.C. Code § 16-1-90).
Fourth offense: how the count works
Only offenses within the 10 years before the latest one count as priors. A DUI or DUAC conviction, a guilty or no-contest plea, or a forfeited bond counts, including one from another state (S.C. Code § 56-5-2930(D)). That means a DUI from back home can make a Myrtle Beach arrest a higher offense here.
The prison range depends on the alcohol level: 1 to 5 years under .10, 2 to 6 years at .10 to under .16, and 3 to 7 years at .16 or more (S.C. Code § 56-5-2930(A)(4)). No part of the minimum sentence can be suspended, and for a second or later offense the minimum must actually be served (S.C. Code § 56-5-2930(B)). After a fourth conviction, the ignition interlock requirement is for life (S.C. Code § 56-5-2990(A)(5)).
These are the cases where a local DUI attorney matters most. Call anytime for a free case review.
Felony DUI: great bodily injury or death
Felony DUI is driving under the influence and doing something the law forbids, or failing a duty the law requires, in a way that causes great bodily injury or death to another person (S.C. Code § 56-5-2945(A)). "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)).
- Fines are $5,100 to $10,100 for great bodily injury and $10,100 to $25,100 for a death, on top of prison (S.C. Code § 56-5-2945(A)).
- The sentences are mandatory. They can't be suspended, and probation isn't allowed (S.C. Code § 56-5-2945(A)).
- After 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)(2)).
- Felony DUI resulting in death is on South Carolina's list of violent crimes (S.C. Code § 16-1-60).
- When police have probable cause for felony DUI, you must submit to breath, blood or urine testing (S.C. Code § 56-5-2946(A)).
More on crashes, including leaving the scene: DUI after an accident in Myrtle Beach.
What about a third offense?
A third DUI is still a misdemeanor in South Carolina, but it isn't minor: 60 days to 3 years at the lowest tier and up to 6 months to 5 years at .16 or more, with fines up to $10,000 (S.C. Code § 56-5-2930(A)(3)). See every tier on South Carolina DUI penalties.
Where felony DUI cases are heard in Horry County
Felony cases, including fourth-offense and felony DUI, are handled in the Court of General Sessions at the Horry County Courthouse in Conway, not in a city or magistrate court. Addresses and phone numbers: which court is my DUI case in?
Visitors
Priors from any state count toward the offense number here, and a South Carolina conviction is reported to your home state (S.C. Code § 56-1-640). More: DUI on vacation in Myrtle Beach.
Frequently asked questions
Is a DUI a felony in South Carolina?
Usually not. A first, second or third DUI is a misdemeanor. It becomes a felony on a fourth or later offense within 10 years, or when the DUI causes great bodily injury or death to another person.
Is a third DUI a felony in South Carolina?
No. A third offense is a misdemeanor, but it can still mean 60 days to 5 years in jail depending on the alcohol level, and fines up to $10,000.
Do DUIs from other states count toward a fourth offense in South Carolina?
Yes. A DUI conviction, plea or forfeited bond in another state counts as a prior if it happened within 10 years of the new offense.
What is the sentence for felony DUI causing death in South Carolina?
One to 25 years in prison and a fine of $10,100 to $25,100. The sentence is mandatory, can't be suspended, and probation isn't allowed.
What counts as great bodily injury for felony DUI?
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.
Related guides
South Carolina DUI penalties
Fines and jail for 1st through 4th offense at every BAC tier, felony DUI, interlock and license rules.
Read the guideDUI after an accident
When a crash makes it felony DUI, testing rules, leaving the scene and what to do now.
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 guideDUI on vacation in Myrtle Beach
Going home doesn't end the case. What happens with your home state, court dates and travel.
Read the guide