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 & HightowerBrowse 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.