What is the difference between a felony and a misdemeanor charge for a DWI?
In South Carolina, a Driving While Intoxicated (DWI) charge can be a misdemeanor or a felony, depending on the circumstances surrounding the offense. When it comes to a misdemeanor charge, the individual must have a blood alcohol concentration (BAC) of 0.08% or higher at the time of arrest. If convicted, the driver may be fined up to $400, sentenced to jail for up to 60 days, have their driver’s license suspended, and/or be placed on probation. A felony charge for a DWI is reserved for more serious cases. This could include a person with multiple prior DWI convictions, a high BAC (0.16% or higher), or a person who caused an accident resulting in death or great bodily injury. If convicted, the driver may face a much higher fine (up to $6,000), a longer prison sentence (up to 10 years), and their driver’s license may be suspended for a longer period of time. It’s important to note that these are maximum penalties that may be issued; the actual penalty will depend on the circumstances of the offense and any mitigating factors that the defendant can present. In either case, it is important to hire an experienced attorney to fight for your rights and ensure the best possible outcome.
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