Certain drivers have a higher degree of risk than others of facing DUI charges. Those with prior DUI offenses on their records often have more risk than the average driver. Many people accused of driving under the influence (DUI) offenses consume alcohol frequently. In some cases, they may even have substance abuse disorders.
Those challenges may only worsen when a DUI arrest damages that driver’s sense of self-esteem, costs them their job or negatively affects their relationships. It is relatively common for those convicted of a DUI offense once to end up facing the same charges again in the future. Every subsequent offense might put a defendant at risk of more serious penalties. Eventually, state prosecutors might even bring felony charges against them.
How many prior convictions are necessary for DUI to become a felony offense?
A fourth DUI might be a felony
Depending on the circumstances, someone repeatedly arrested for DUI offenses might face a misdemeanor charge every time they go to court. If enough time passes between a prior offense and a subsequent arrest, the DUI defendant might simply face another misdemeanor charge.
However, when the charges occur too close to one another, prosecutors can potentially pursue felony charges. Current South Carolina statutes allow prosecutors to pursue felony charges against individuals facing a fourth DUI charge within a 10-year period.
Those accused of a felony DUI charge based on subsequent offenses face elevated penalties. A felony DUI charge based on prior offenses can lead to up to five years in prison, although that could increase to up to seven years in cases involving particularly high blood alcohol levels.
Prosecutors can also bring felony charges against DUI defendants in cases where an alleged drunk driving offense led to other people suffering injuries or dying. A felony not only carries more serious criminal penalties but can also cause more challenges in the future because of the criminal record it creates.
Fighting first, second and third DUI charges can help people limit the possibility of eventually facing a felony DUI charge based on their prior record. Those who understand state laws related to impaired driving can make better choices when responding to claims that they broke the law.
