What Legal Protections Exist for Victims of Drunk Driving Accidents in Columbia?

What Is Considered Drunk Driving in South Carolina?

Under South Carolina law, drunk driving or driving under the influence is defined as when a person drives a motor vehicle under the influence of alcohol, drugs, or a combination of alcohol and other drugs to the extent that the person’s faculties to drive are materially and appreciably impaired. If a blood alcohol content (BAC) indicates a level of 0.08% or higher in an individual over 21 years of age, the law provides for inference that the drunk driver was driving the vehicle illegally under the influence of alcohol. For individuals under 21 years of age, a blood alcohol content of 0.02% indicates a similar inference for driving under the influence.

An unfortunate reality in South Carolina is that the laws designed to protect innocent victims and prohibit drunk driving and drugged driving are in many ways unnecessarily complicated. For many years, drunk drivers and drug impaired drivers have been able to exploit loopholes in the law to negotiate drastic reductions in their sentences and other consequences of their dangerous and reckless behavior.

Worse, many drunk driving offenders are also able to avoid convictions and have their charges for drunk driving dismissed. However, the reduction or dismissal of a drunk driving charge does not mean a victim and their loved ones cannot hold a drunk driver responsible for the injuries and harm they cause because a conviction is not required for a civil case.

What are the Penalties for Drunk Driving?

The penalties for driving under the influence depend on the blood alcohol content and number of previous convictions of the driver. Every conviction in South Carolina carries a mandatory license suspension, fines, and/or jail time, along with other potential penalties, such as the installation of an ignition interlock device.

• First offense, misdemeanor: up to $1,000 fine, and/or up to 90 days of jail, six-month license suspension
• Second offense, misdemeanor: up to $6,500 fine, up to three years in jail, one-year license suspension
• Third offense, misdemeanor: up to $10,000 fine, up to five years in jail, two-year license suspension
• Fourth offense, felony: up to seven years incarceration, permanent license revocation

Sentencing varies depending on the specific details surrounding the case. Here are a few exceptions and considerations to keep in mind:

• A court may favor community service over a fine or jail time for a first offense.
• For a second offense, sentences may be suspended; however, a minimum fine of $1,100 will be imposed.
• When a third offense is committed within five years of the second offense, the license suspension penalty will double to four years
• An ignition interlock device will be required for an impaired driver who is convicted of a first offense, provided they had submitted to a breath test and had an alcohol concentration of .15 or more
• An ignition interlock device will be required after either a second or third offense, which will be installed at the owner’s expense
• A drunk driver whose license is suspended may potentially enroll in the Ignition Interlock Device Program instead of serving the remainder of a driver’s license suspension.
• A prosecuting attorney may negotiate with the criminal defense attorney for a drunk driving offender to reduce the consequences, fines, and possible jail time associated with drunk driving and drug impaired driving convictions.

What Factors Determine the Awarded Damages?

Victims of drunk drivers are allowed to pursue compensation for their injuries as well as for punitive damages. Punitive damages is a monetary fine meant to deter similar actions from the defendant in the future. Victims are able to recover these types of damages regardless of criminal charges being dismissed against the defendant. For punitive damages, the victim must prove that the defendant was grossly negligent or reckless when the injury occurred. When deciding punitive damages, a judge or jury will consider:

• The severity of the injury
• The defendant’s blood alcohol level (level of intoxication)
• The defendant’s liability for the accident
• Any prior drunk driving convictions

Due to the statistical severity associated with drunk driving incidences, the South Carolina legislature has decided that punitive damages will not be capped in instances where the driver acted or failed to act while under the influence of alcohol.

What Compensation May be Recovered?

Injury in a drunk driving accident may entitle a person to receive the following compensation:

• Medical expenses, including future expenses for ongoing care such as rehabilitation
• Pain and suffering, as well as reduced quality of life
• Emotional distress as a result of the trauma caused by the accident and injuries
• Payment for lost wages, reduction in income, and future earning potential
• Wrongful death

How is Liability Determined?

The standards used to determine liability in a drunk driving case are nearly identical to those used in other car accident cases.

• First, the victim must prove that the negligent party owed a duty of care to the victim and other motorists. A duty of care is the inherent obligation of drivers to operate their vehicles in a manner of reasonable safety to prevent harm to themselves or others.
• Second, the victim must prove that the negligent party breached the duty of care that was owed to the victim by operating the vehicle in an unsafe manner that contributed to injury by the victim.
• Finally, the victim must prove that the breach of duty was directly connected to the victim’s injury, which would not have happened without the driver’s negligence.

Who Can be Sued for Liability?

In addition to pursuing a lawsuit or other charges against a drunk driver, other parties may also be held responsible. A “dram shop” claim is any claim against a business, such as bars and restaurants, that served alcohol to the offending driver. Suing a vendor involves a lengthy investigation. Camera footage and eyewitness reports are usually needed to confirm that the defendant was overserved. The Supreme Court of South Carolina has upheld these types of claims particularly in regard to two instances:

• The vendor served alcohol to someone underage.
• The vendor continued to serve alcohol to a person already overly intoxicated.

What Happens When Drunk Driving Results in the Death of a Loved One?

Unfortunately, drunk driving victims, drugged driving victims, and other impaired driving victims are often seriously or even fatally injured. When a drunk driver kills another motorist, passenger, pedestrian, or others, the family of the victim may sue on the victim’s behalf. Families of the deceased are the beneficiaries of wrongful death claims; however, the lawsuit may only be filed by the executor of the victim’s estate. An executor may be identified in established estate plans or may be appointed by the probate court. Wrongful death compensation can cover the following:

• Funeral and burial expenses
• Lost wages and household contributions
• Emotional distress and mental anguish
• Loss of companionship
• Lost benefits

The executor of an estate may also file a “survival action,” which is a claim intended to pay for monetary expenses incurred by the deceased before their death. This may include things such as medical expenses and pain and suffering during the victim’s final period of injury or illness.

Do I Need an Attorney?

If you or a loved one has suffered injury at the hands of a drunk driver, drugged driver, or impaired driver, you need help you can count on. You need a drunk driving accident lawyer who understands the pain and suffering drunk drivers inflict on innocent victims and their families.

Call The Law Office of Joshua P. Golson, LLC, today at 803-284-8573 or fill out a contact form for a confidential and free consultation.