What Is a DWI Hit and Run?
A DWI hit and run combines two crimes. A driver operates a vehicle while impaired by alcohol or drugs. The driver then causes a collision and leaves the scene without stopping, giving their name, or offering aid. Prosecutors typically charge both offenses at the same time.
South Carolina does not have a charge called DWI. What people call a DWI hit and run is charged here as driving under the influence, or as driving with an unlawful alcohol concentration when the breath reading alone proves the case. Drivers still search for "DWI hit and run" because nearby states use that label, so the term shows up often. Everything below describes South Carolina law and South Carolina charges.
South Carolina law puts a duty on every driver involved in an accident. Drivers must stop after an accident that injures or kills someone. A separate section requires a driver to stop after an accident that only damages another occupied vehicle. And driving under the influence of alcohol, drugs, or both is unlawful on its own.
When a driver faces both charges, the stakes increase. Each offense carries its own penalties. Courts may impose sentences that stack on top of each other.
Why DUI and Hit and Run Charges Often Occur Together
These two charges frequently overlap. An impaired driver who causes a collision may panic and flee out of fear of arrest for DUI alone. Others may not realize they struck a pedestrian, another vehicle, or a fixed object, because alcohol or drugs dulled their awareness.
Leaving the scene often makes the legal situation worse. Prosecutors use a driver's flight as evidence of guilt. They argue the driver fled because they knew they had done something wrong. That argument can be powerful at trial.
Law enforcement builds these cases through multiple channels. Officers gather witness statements. They review surveillance and traffic camera footage. They examine vehicle debris left at the scene. They compare damage patterns between the scene and the suspect's vehicle. Cell phone records and license plate reader data may also help identify a driver who left. The more time passes, the stronger that evidence can become.
Penalties for a DUI Hit and Run Conviction
Penalties for combined DUI and hit-and-run charges depend on how severe the accident was. A convicted driver faces punishment for each charge.
Hit-and-run penalties by severity:
- Damage to another occupied vehicle only: leaving the scene is a misdemeanor under South Carolina law. A conviction carries up to one year in jail and a fine of $100 to $5,000.
- Injury short of great bodily injury: leaving the scene is also a misdemeanor, but a more serious one. A conviction carries 30 days to one year in jail and a fine of $100 to $5,000.
- Great bodily injury: leaving the scene becomes a felony. A conviction carries 30 days to ten years in prison and a fine of $5,000 to $10,000.
- Death: leaving the scene is a felony at the highest level. A conviction carries one to 25 years in prison and a fine of $10,000 to $25,000.
DUI penalties on top:
A driving under the influence charge adds its own layer of punishment. A first offense carries a fine, possible jail time, and license suspension. Penalties increase sharply for repeat offenses or aggravating factors, and they rise again when a crash causes serious harm.
Courts may order these sentences to run consecutively rather than concurrently. A driver could serve a sentence for leaving the scene. Then the driver begins a separate sentence for the impaired driving charge. Combined convictions can mean years in prison, thousands of dollars in fines, and a lengthy license suspension.
A felony hit-and-run conviction carries long-term consequences. It may affect employment, housing, and professional licensing for years after the sentence ends.
How Prosecutors Prove a DUI Hit and Run Case
Proving a DUI hit and run presents unique challenges. The driver was not stopped at the scene. The state must establish that the defendant drove the vehicle. The state must also show that the defendant was impaired at the time of the collision.
Common evidence includes eyewitness accounts, surveillance footage, traffic camera recordings, and cell phone location data. Physical evidence can link a specific car to the collision. Paint transfers, broken headlight fragments, and tire marks help investigators connect the facts.
Proving impairment is harder when officers did not observe the driver at the scene. Prosecutors may rely on open containers found in the vehicle. They may use statements from bartenders or passengers. They may present receipts showing alcohol purchases before the accident. If officers locate the driver and administer a breath or blood test hours later, the results may be challenged.
Prosecutors sometimes use retrograde extrapolation. That calculation estimates what the driver's alcohol level was at the time of the crash from a later reading. The technique has recognized limits, and defense attorneys often contest it.
Defense Strategies for DUI Hit and Run Charges
Several defense approaches may apply to a DUI hit and run case. No defense works in every situation. Results vary based on the evidence and circumstances.
Lack of knowledge. A driver who genuinely did not know a collision occurred may have a defense. South Carolina's leaving-the-scene statutes require the driver to have been involved in an accident. If the driver was unaware of contact, such as a minor sideswipe on a busy highway, the prosecution's case faces challenges.
Misidentification. When the driver was not stopped at the scene, the prosecution must prove who was behind the wheel. If witnesses provide conflicting accounts or surveillance footage is unclear, the defense may argue that officers arrested the wrong person.
Challenging the alcohol evidence. A breath or blood test taken hours after the accident may not reflect the driver's level at the time of the crash. Defense attorneys may challenge the retrograde extrapolation math. They may also question whether testing procedures followed proper protocols.
Necessity or duress. In rare cases, a driver may have left the scene because of an emergency. A driver may also have feared for their own safety. These defenses require strong supporting facts.
Procedural challenges. If officers violated the driver's constitutional rights during investigation, arrest, or evidence collection, some evidence may be suppressed. That could include improperly obtained blood draws or statements taken without proper Miranda warnings.
An attorney who handles DUI defense cases can evaluate which strategies may apply to your situation.
What to Do If You Are Accused of a DUI Hit and Run
If you face DUI hit and run accusations, the steps you take now could affect your case outcome.
Do not make statements to police without an attorney present. Anything you say can be used against you. Politely decline to answer questions about the incident. Speak with legal counsel first.
Do not post about the incident on social media. Prosecutors and investigators monitor social media accounts. Even a harmless post could be used as evidence.
Preserve evidence that may help your defense. Save dashcam footage, GPS data, receipts, and any records that document your location or activities. That evidence may become harder to obtain as time passes.
Contact a defense attorney immediately. After a DUI arrest in South Carolina, you have 30 days to request an administrative hearing. You can challenge your license suspension at that hearing. Missing the deadline could result in automatic suspension regardless of the criminal case outcome.
Time is critical. Early legal representation gives your attorney more time to investigate the facts and build a defense.
When a crash is fatal, the exposure changes entirely. Our guide to felony DUI resulting in death covers the charge South Carolina brings and its mandatory minimum sentence.
Speak With a South Carolina DUI Defense Attorney
Combined DUI and hit-and-run charges carry serious consequences. Those may include felony convictions, prison time, and long-term license loss. Early legal representation can affect your case from bond hearings through trial preparation.
Sumner & Todd, Attorneys at Law concentrates on DUI defense in South Carolina. The firm is familiar with local prosecutors and courts across the Upstate region, and with how these cases move through the system.
If you or someone you care about faces DUI and hit-and-run charges, contact Sumner & Todd, Attorneys at Law for a free, confidential consultation. The sooner you speak with an attorney, the more options may be available. Past results do not guarantee a similar outcome.
Frequently Asked Questions
Is a DWI Hit and Run a Felony in South Carolina?
It depends on what the crash caused. Leaving the scene of an accident that caused great bodily injury or death is a felony under South Carolina law. Leaving the scene of an accident that caused a lesser injury, or that only damaged another occupied vehicle, is a misdemeanor. The impaired driving charge itself may be a misdemeanor or a felony depending on your record and the circumstances of the crash. Remember that South Carolina charges this conduct as DUI, not DWI.
What Happens If I Did Not Know I Hit Something While Driving Under the Influence?
Lack of knowledge is a recognized defense to hit-and-run charges. If you genuinely did not know a collision occurred, your attorney may argue that you could not have intentionally left the scene. A minor scrape in a crowded parking lot provides one example. The strength of that defense depends on the facts. Impact severity and witness testimony both matter.
Can I Be Charged With DUI If I Was Not Stopped at the Scene of the Accident?
Yes, you can be charged with DUI even if you were not stopped at the scene. Prosecutors do not need to catch you driving to bring the charge. They may rely on witness statements, surveillance footage, or open containers in your vehicle. They may also use a breath or blood test taken after officers locate you. The delay between the accident and the testing may create challenges for the prosecution.
How Long Do Prosecutors Have to File DUI Hit and Run Charges?
South Carolina is unusual here: the state has no statute of limitations for criminal offenses. Prosecutors may bring DUI and hit-and-run charges long after the date of the crash. Delay still matters to the defense, because witness memories fade and video evidence is often overwritten, but there is no deadline that ends the state's power to charge you.
Will I Lose My Driver's License After a DUI Hit and Run Arrest?
A DUI arrest in South Carolina triggers an administrative license suspension process. That process is separate from the criminal case. You have 30 days after the arrest to request an administrative hearing, where you can challenge the suspension. If you miss that deadline, your license may be suspended automatically. A hit-and-run conviction could result in additional suspension or revocation depending on the circumstances.