Is Drunk Driving a Felony in South Carolina?

If you were hit by a drunk driver, you’re likely dealing with medical bills, emotional stress, and unanswered questions. Some are more pressing than others, but many point back to whether the driver will face criminal consequences. One of the most common questions victims ask is: is drunk driving a felony in South Carolina? And if so, what kind of felony is it?

In short, the answer depends on the facts of the crash. In many cases, especially when someone is seriously injured or killed, drunk driving is treated as a felony under South Carolina law. Here’s what to understand about when a DUI rises to the level of a felony, how the law applies in South Carolina, and what steps you can take if you were injured by an impaired driver.

When Is Drunk Driving a Felony in South Carolina?

Not every DUI charge is a felony. In South Carolina, drunk driving is usually charged as a misdemeanor for a first offense — especially if no one is hurt. However, the situation changes quickly when a crash results in serious injury or death.

Under South Carolina DUI laws, drunk driving becomes a felony when:

• The impaired driver causes great bodily injury to another person
• The crash results in a fatality
• The driver has certain prior DUI convictions that elevate the charge

A DUI involving great bodily injury can lead to significant prison time and long-term consequences for the driver. If someone dies because of impaired driving, the charge may be classified as a felony DUI resulting in death — one of the most serious DUI-related offenses under state law.

For victims and their families, the felony classification matters. It reflects the severity of the harm caused and can play a role in related civil claims for compensation. While the criminal case focuses on punishing the driver, victims may also have the right to pursue financial recovery through a separate personal injury or wrongful death claim.

Penalties for Felony DUI in South Carolina

When drunk driving rises to the level of a felony in South Carolina, the criminal penalties are severe. These cases typically involve serious injuries or loss of life, and the law reflects the gravity of that harm.

A felony DUI involving great bodily injury can result in significant prison time, steep fines, and a lengthy driver’s license suspension. If the crash results in death, the penalties increase substantially and may include decades in prison. In addition to incarceration, drivers may face mandatory alcohol treatment programs, ignition interlock requirements, and permanent criminal records.

For victims, these penalties are part of the criminal justice system. They are meant to hold the impaired driver accountable. However, criminal consequences do not automatically cover a victim’s financial losses. Medical expenses, lost wages, rehabilitation costs, and long-term care needs are handled separately through civil claims.

That distinction is important. A driver may be charged with a felony, but victims still need to take action to protect their right to compensation. The outcome of the criminal case can sometimes support a civil case, but the two processes are separate.

Criminal Charges vs. Civil Claims: What Victims Should Know

When someone is charged with felony DUI, the case is handled by the state. Prosecutors decide whether to file charges, what penalties to pursue, and whether to offer a plea deal. The goal of the criminal case is to punish the driver and protect public safety — not to compensate the victim.

That’s where a civil claim comes in.

If you were injured in a drunk driving crash, you may have the right to file a personal injury lawsuit against the at-fault driver. In cases involving a fatal crash, surviving family members may be able to pursue a wrongful death claim. These civil cases focus on financial recovery for losses such as:

• Medical bills
• Lost wages
• Ongoing rehabilitation
• Pain and suffering
• Funeral expenses in fatal cases

A felony conviction can strengthen a civil case, but it isn’t required to file one. Even if criminal charges are reduced or dismissed, victims may still pursue compensation in civil court.

Understanding this difference is critical. The criminal system may hold the driver accountable — but a civil claim is often the only way for victims to recover the financial support they need to move forward.

What Should You Do If You Were Injured by a Drunk Driver?

Being hit by a drunk driver is overwhelming. You may be dealing with pain, hospital visits, missed work, and calls from insurance companies — all while trying to process what happened. Taking the right steps early on can help protect both your health and your legal rights.

First, seek medical attention immediately, even if your injuries seem minor. Some conditions, like internal injuries or head trauma, may not show symptoms right away. Medical records will also serve as important documentation if you pursue a claim.

Next, make sure the crash is properly reported. Law enforcement documentation is especially important in drunk driving cases because it may include observations of impairment, field sobriety test results, or blood alcohol testing.

It’s also wise to avoid discussing fault with the other driver or their insurance company without legal guidance. Insurance adjusters may try to minimize your claim or push for a quick settlement before the full extent of your injuries is known.

Finally, consider speaking with a personal injury attorney who understands South Carolina DUI cases. An attorney can review the facts, explain your options, and help you pursue compensation while the criminal case moves forward separately.

Get Help After a Felony DUI Crash in South Carolina

When a drunk driver causes serious harm, the impact can last long after the crash scene is cleared. Medical bills add up. Work may be missed. Daily life can feel uncertain. And while the state may pursue criminal charges, that process alone does not address the financial and personal toll on victims.

If you or a loved one was injured in a DUI crash in Hilton Head, Bluffton, Beaufort, or anywhere in the Lowcountry, you deserve clear answers about your rights and options. Understanding whether drunk driving is a felony is one piece of the picture. Knowing how to pursue justice is another.

At Carr Legal Group, we work with individuals and families affected by impaired driving accidents. Our team can review the details of your case, explain how South Carolina law applies, and help you take the next steps toward financial recovery.

If you have questions after a drunk driving crash, contact Carr Legal Group to schedule a consultation and discuss your legal options.

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