What Are the Levels of DUI Crimes in Greenville, South Carolina?

What Are the Levels of DUI Crimes in Greenville, South Carolina?

This article discusses the various DUI crimes in South Carolina. In brief, there are four statutory crimes:

• Driving under the influence causing impairment — S. Car. Code, §56-5-2930
• Driving with an unlawful blood alcohol concentration — S. Car. Code, §56-5-2933 (see above link)
• Felony DUI — S. Car. Code, §56-5-2945
• Child endangerment — S. Car. Code, §56-5-29

Greenville SC DUI Crime — What Is DUI Causing Impairment?

The original DUI statute here in upstate South Carolina was South Carolina Code §56-5-2930, which made it unlawful to drive a motor vehicle while under the influence of alcohol, drugs or a combination of both to the extent that the driver’s faculties are “materially and appreciably impaired.” In general, the prosecution must prove three elements:

(1) Driving a “motor vehicle”

(2) Under the influence of alcohol and/or drugs that

(3) Caused impairment

Note that “driving” means that the vehicle must be in motion. See State v. Graves, 237 SE 2d 584 (S. Car. Supreme Court 1977) (no conviction for DUI where an accused driver was found asleep in his vehicle with the engine running and the transmission in gear but the car was not moving). In Graves, the court made a distinction between “driving” and “operating” a vehicle; the first is narrower than the latter. Because the statute uses the words “to drive,” the court concluded that the vehicle must be in motion.

Section 56-5-2930 applies whether you are driving on a public highway or on a private road. In the case of State v. Allen, 431 SE 2d 563 (S. Car. Supreme Court 1993), our Supreme Court upheld a DUI conviction where the accused driver was trying to repair a truck parked in front of his storage building on his land. The driver was worked underneath the truck and then got in the truck and started the engine. While revving the engine, the truck’s gears slipped sending truck into the storage building causing it to collapse on top of the truck. When the police and the fire department arrived, the officers smelled alcohol and the driver was tested. His blood alcohol level was 0.24 percent (very high). He was convicted of DUI even though he was on private property. The Supreme Court said the DUI laws apply to driving on private property too.

 

Greenville SC DUI Crime — What is DUI With Unlawful Blood Alcohol Concentration?

A second DUI crime is driving a vehicle if you have an unlawful blood alcohol concentration (“BAC”). See S. Car. Code, §56-5-2933 (linked above). Note that under this statute, there is no requirement that there be any impairment. Evidence of BAC is based on the testing of breath, blood and urine samples described above. Refusal to provide samples will result in the suspension of your driver’s license.

Like Section 56-5-2930, this statute uses the word “to drive.” Thus, to be convicted, your vehicle must have been in motion.

 

Greenville SC DUI Crime — What is DUI With Unlawful Blood Alcohol Concentration?

A second DUI crime is driving a vehicle if you have an unlawful blood alcohol concentration (“BAC”). See S. Car. Code, §56-5-2933 (linked above). Note that under this statute, there is no requirement that there be any impairment. Evidence of BAC is based on the testing of breath, blood and urine samples described above. Refusal to provide samples will result in the suspension of your driver’s license.

Like Section 56-5-2930, this statute uses the word “to drive.” Thus, to be convicted, your vehicle must have been in motion.

 

Greenville SC DUI Crime — What Is Felony DUI?

The third — and most serious level — DUI crime is felony DUI which involves a wreck or crash that causes injury and/or death. In pertinent part, South Carolina Code, §56-5-2945(A) reads:

“(A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to another person, is guilty of the offense of felony driving under the influence.”

If you are convicted under this statute, you are facing a lengthy jail sentence.

 

Greenville SC DUI Crimes — What Is Child Endangerment?

Fourth, the crime of child endangerment occurs when a driver violates one of the above statutes while being over the age of 18 years and while having at least one passenger younger than 16 years of age in the motor vehicle when the violation occurs.

 

Greenville SC DUI Defense Lawyers — Call the Law Office Of H. Chase Harbin Today

If you have been charged with any of the above DUI crimes in Greenville or upstate South Carolina, contact the proven criminal defense attorneys at the Law Office of H. Chase Harbin. It is essential to have skilled and experienced defense counsel by your side. A criminal conviction will have severe repercussions on your life. Contact our office today via email or by telephone. We have offices in Greenville and Pickens, South Carolina.