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While many car accidents in South Carolina are handled through civil litigation, certain circumstances can escalate these incidents into criminal matters. Understanding when a car accident crosses the line into criminal territory is crucial for both drivers and victims.
Our experienced Charleston car accident lawyer explains factors that can lead to significant consequences in a car accident.
Driving Under the Influence (DUI)
Operating a vehicle under the influence of alcohol or drugs is a serious criminal charge in South Carolina, particularly when it leads to an auto accident. South Carolina law establishes a legal Blood Alcohol Content (BAC) limit of 0.08%. However, it’s crucial to understand that a driver can still face DUI charges even with a BAC below this threshold if they are deemed to be impaired. Law enforcement officers consider various factors, including field sobriety tests and observable signs of impairment, when making this determination.
Penalties for DUI:
- First Offense: Up to 30 days in jail and mandatory license suspension.
- Second Offense: Up to one year in prison.
- DUI Resulting in Great Bodily Injury or Death: Classified as a felony, punishable by 30 days to 25 years in prison, depending on the severity.
These stringent penalties highlight South Carolina’s commitment to holding drunk drivers accountable, especially in cases involving traffic accidents and the resulting injuries or fatalities. If you or someone you know has been involved in an auto accident where DUI is suspected, it’s crucial to understand your legal rights and options.
Reckless Driving
Reckless driving involves operating a vehicle with a willful disregard for the safety of persons or property. Examples include excessive speeding, aggressive lane changes, and tailgating.
Consequences of Reckless Driving:
- Standard Reckless Driving: Misdemeanor charge, up to 30 days in jail, and six points on your driving record.
- Reckless Driving Causing Injury or Death: Potential felony charges with more severe penalties.
The South Carolina Legislature has considered increasing penalties for reckless driving offenses, reflecting the state’s commitment to road safety.
Leaving the Scene of an Accident (Hit and Run)
In South Carolina, if you are involved in a traffic accident, you have a legal obligation to stop immediately, provide your information to any other involved parties, and offer reasonable assistance to anyone who may be injured. Failing to fulfill these duties can lead to serious criminal charges for leaving the scene of an accident, often referred to as a hit and run.
Penalties for Leaving the Scene (Hit & Run):
The penalties for a hit and run in South Carolina vary significantly depending on the extent of the damage or injury resulting from the car accident:
- Leaving the Scene of an Accident with Property Damage Only: This is typically classified as a misdemeanor, carrying potential penalties of up to 30 days in jail and fines up to $100. Even in seemingly minor auto accidents involving only property damage, failing to stop can result in these charges.
- Leaving the Scene of an Accident Involving Injury: When a hit and run accident results in injury to another person, it is considered a more serious misdemeanor. Conviction can lead to up to one year in jail and fines of up to $5,000. The severity of the injury can influence the specific penalties imposed.
- Leaving the Scene of an Accident Resulting in Great Bodily Injury: If a hit and run causes great bodily injury to another person, it becomes a felony offense in South Carolina. The penalties upon conviction can range from 30 days to 10 years in prison, along with fines between $5,000 and $10,000.
- Leaving the Scene of an Accident Resulting in Death: The most severe penalties are reserved for hit and run accidents where someone dies. This is a felony offense punishable by a prison sentence of one to 25 years and fines ranging from $10,000 to $25,000.
These penalties highlight the importance of remaining at the scene and fulfilling all legal obligations after an accident. Regardless of who is at fault, failing to stop and fulfill your legal responsibilities can lead to serious criminal charges and long-lasting consequences. If you have been involved in a hit and run or have questions about your obligations after an accident, seeking a South Carolina Auto Accident Attorney is essential.
Vehicular Homicide and Manslaughter
When a driver’s negligence or reckless behavior leads to a fatality, they may face serious criminal charges.
Types of Charges:
- Reckless Vehicular Homicide: Involves driving with reckless disregard for safety, punishable by up to 10 years in prison.
- Involuntary Manslaughter: Involves criminal negligence, punishable by up to five years in prison.
The specific charge depends on the circumstances and the degree of negligence involved.
Navigating the Legal Ramifications of Car Accidents in South Carolina
As we’ve outlined, car accidents in South Carolina can trigger significant legal consequences, particularly when factors such as impaired driving (DUI), reckless driving, or leaving the scene of an accident (hit and run) are involved. A thorough understanding of these South Carolina traffic laws is vital for all drivers in the Palmetto State.
If you or a loved one in Charleston, or anywhere in South Carolina, has been involved in a motor vehicle accident that may lead to criminal charges, it is absolutely crucial to seek legal counsel without delay. Attorney Trey Harrell, an experienced car accident lawyer can provide invaluable guidance in navigating the complexities of the legal system and vigorously protect your rights. Contact our Charleston, SC, car accident law firm today for a confidential consultation to discuss your case and understand your legal options.