Customer Inquiry

(704) 351- 7979

Email

robert@rjrlaw.com

Felony DUI vs. Reckless Homicide – SC DUI Attorney

Jun 28, 2012 | DUI & DWI, Uncategorized

Two SC felony offenses are somewhat confusingly similar.  Felony DUI and reckless homicide are almost interchangeably chargeable, i.e. if the accused has allegedly killed someone in an automobile accident, in a lot of factual scenarios either Felony DUI or reckless homicide can be charged.  If a reckless homicide involves alcohol it could almost always be charged as a Felony DUI.

What is the difference though between a Felony DUI and a Reckless Homicide?

Felony DUI requires that the accused:

  • Operated a vehicle under the influence of drugs or alcohol or both, and
  • Did something else against the law, whether traffic law or duties imposed by the court, for example, failed to maintain lane or acted negligently, and
  • Proximately caused great bodily injury or death to a person other than himself, including passengers, pedestrians, and other motorists (proximate causation is limited in time to 3 years)

For more information see What is a Felony DUI?

Reckless Homicide, a different felony, on the other hand requires:

  • the accused drove in reckless disregard for the safety of others, and
  • death ensues within three years as a proximate result of injury received by the above reckless driving.

Basically, all that means is the accused must have proximately caused a death by his or her reckless driving.

So, what are the differences in the offense:

  • Reckless Homicide doesn’t require alcohol or drugs
  • Reckless Homicide requires the accused to have acted recklessly, breaking a traffic law may not be enough.
  • Reckless Homicide requires the accused to have proximately caused a death, although Felony DUI can also be charged to an accused who caused a death.

The main difference though lies in the penalties:

Felony DUI Reckless Homicide
For causing great bodily injury:

  • 30 days to 15 years mandatory imprisonment, in state or federal prison, not local jail,
  • $5,000 to $10,100 mandatory fine,
  • driver’s license is suspended for the term of imprisonment plus three years.

 

 Not applicable to causing great injury
For causing death:

  • 1 year to 25 years mandatory imprisonment, in state or federal prison, not local jail,
  • $10,100 to $25,100 mandatory fine, and
  • driver’s license is suspended for the term of imprisonment plus five years.

 

 For causing death:either or both:

  • $1,000 to $5,000
  • up to 10 years in prison,

and a 5 year driver’s license suspension, but reducible to 1 year if certain conditions are met

SC DUI Attorney

If you have been charged with felony DUI or any other crime, contact the attorneys at Reeves, Aiken & Hightower.  Browse our website, and compare our credentials with those of attorneys at any other firm.  Then, call us at 877-374-5999 or contact us at this link for a private consultation.