An accident the recently occurred in South Carolina had a tragic result for both parties involved. One of the parties was fatally injured. The other party is facing felony DUI charges as a result of the accident. When people drive under the influence of alcohol, if their blood alcohol content is above South Carolina’s legal limit of .08 they may be charged with driving while intoxicated.
A DUI charge may be a misdemeanor or a felony. The severity of the charge has a direct relationship to the severity of the circumstances that led to the issuing of a DUI charge. In this case, the driver was charged with a felony due to the resulting death.
The accident occurred shortly after midnight on a Tuesday. According to authorities the alleged drunk driver was speeding on the two-lane State Highway 61. The 43-year-old driver allegedly passed numerous vehicles and, upon re-entering the correct lane, struck a moped. The 59-year-old driver of the moped was pronounced dead at the scene of the accident.
Upon being questioned by authorities, the 43-year-old driver said he believed he had hit a deer. He also told authorities he had consumed a few beers earlier in the evening at a bar while celebrating his birthday. The man was charged with felony DUI, arrested and was held on a bond of more than $50,000.
All drunk driving charges should be taken very seriously as a conviction for those charges may be accompanied by serious penalties.
However, there are criminal defense strategies that can hopefully result in a reduction or complete dismissal of charges. In each case, defendants must ensures that there is a complete investigating the facts of the case, a review of the process followed in any search and seizure of the defendant to ensure no rights were violated and a thorough study of the prosecution’s case and claim regarding the driver’s implied consent.
Source: The State, “Man charged with felony DUI in Charleston death,” July 24, 2013
