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4 felony DUI counts for South Carolina driver in head-on accident


Charleston residents facing charges for driving while intoxicated are likely aware of the serious penalties that could result from a DUI conviction. Depending on the circumstances, however, the more serious charge of felony DUI may be filed by prosecutors.

For example, one South Carolina man is currently facing multiple counts of felony DUI after a head-on collision which resulted in the death of another driver. The crash allegedly occurred when the defendant drove the wrong way down Interstate 385 and hit another car near Exit 40. The Deputy Coroner stated that the deceased driver was talking on the phone with her husband at the time of the accident. The defendant himself was taken to the hospital, where he purportedly confessed to drinking that night and having no recollection of the accident.

A DUI case involving factors like a head-on collision and the death of another driver is likely one which prosecutors will seek to raise from a misdemeanor to a felony DUI. As complicated as such cases can be, defendants are entitled to a presumption of innocence until proven guilty and there are certain steps a defense attorney can take to fight back against the charges in court.

It is crucial to examine whether police advised a defendant of the right to an attorney, for example. Confessions allegedly made by a defendant while hospitalized for injuries sustained in an accident may be open to challenge in court. It may also be viable to question whether any other drivers involved in an accident were distracted or otherwise negligent, and whether these factors may have contributed to the accident.

South Carolina's DUI laws carry serious penalties, particularly in felony DUI cases. Any residents facing charges like these may wish to consult a legal professional regarding their legal rights and options.

Source: FOX Carolina, "Police: More charges for driver in fatal head-on wreck along I-385," Mary Bullard and Casey Vaughn, Aug. 12, 2013

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