A South Carolina driver can face serious criminal consequences when a suspected DUI involves a collision. When the driver is also accused of leaving the scene, the situation can become significantly more complicated because DUI and hit-and-run allegations may result in separate criminal charges.
A recent Berkeley County incident highlights these issues. According to ABC News 4, a Berkeley County sheriff’s deputy was struck by a driver on North Main Street near Carnes Crossroads on Friday, August 21, 2026. Authorities alleged that the driver left the scene and was later stopped by the South Carolina Highway Patrol. The driver was charged with driving under the influence. The deputy reportedly was not injured, and the collision remained under investigation at the time of the report.
Importantly, an arrest or criminal charge is only an allegation. A person charged with DUI, leaving the scene of an accident, or another criminal offense is presumed innocent unless and until proven guilty.
For South Carolina drivers, the incident raises an important legal question: What happens if someone is accused of DUI and leaving the scene of an accident?
South Carolina DUI Laws
Under S.C. Code § 56-5-2930, it is unlawful to operate a motor vehicle in South Carolina while under the influence of alcohol, drugs, or a combination of substances when the driver’s ability to operate the vehicle is materially and appreciably impaired.
A DUI investigation may involve evidence such as:
- observations made by law enforcement;
- field sobriety testing;
- breath, blood, or urine testing;
- dashboard or body-camera footage;
- witness statements;
- surveillance footage;
- vehicle data; and
- evidence obtained before and after a collision.
A DUI charge does not automatically result in a conviction. The prosecution still carries the burden of proving the elements of the offense beyond a reasonable doubt.
People facing an impaired-driving allegation can learn more about South Carolina DUI defense and the legal process from the attorneys at Strom Law Firm.
The current language of South Carolina’s DUI statute is available through the South Carolina Legislature’s Title 56 motor vehicle laws.
Is Leaving the Scene of an Accident a Crime in South Carolina?
Yes.
South Carolina law imposes specific responsibilities on drivers involved in collisions resulting in injury or death.
Under S.C. Code § 56-5-1210, a driver involved in an accident resulting in injury or death generally must immediately stop at the scene, or as close to the scene as possible, and remain there until the driver has fulfilled the duties required by law.
The statute does permit a driver to temporarily leave the scene for the purpose of reporting the accident to the appropriate authorities.
Failure to comply can result in either misdemeanor or felony charges depending on the severity of the injuries involved.
The South Carolina Judicial Branch currently classifies hit-and-run involving minor personal injury under § 56-5-1210(A)(1) as a misdemeanor.
What Are the Penalties for Hit-and-Run Involving an Injury?
The potential punishment depends heavily on the consequences of the accident.
Injury Without Great Bodily Injury or Death
If an accident causes an injury but does not result in great bodily injury or death, a conviction under § 56-5-1210(A)(1) can result in:
- 30 days to one year of imprisonment;
- a fine between $100 and $5,000; or
- both imprisonment and a fine.
Great Bodily Injury
The consequences increase substantially when someone suffers great bodily injury.
South Carolina law defines great bodily injury as an injury creating a substantial risk of death or causing serious permanent disfigurement or the prolonged loss or impairment of the function of a bodily member or organ.
Leaving the scene of an accident involving great bodily injury is a felony. A conviction may result in:
- 30 days to 10 years of imprisonment; and
- a fine between $5,000 and $10,000.
The South Carolina Judicial Branch identifies this offense as a felony.
Death
The consequences become even more severe when an accident results in death.
Leaving the scene of an accident resulting in death is a felony punishable by:
- one to 25 years of imprisonment; and
- a fine between $10,000 and $25,000.
A conviction under the statute also results in driver’s-license consequences.
These penalties demonstrate why anyone facing a hit-and-run allegation should speak with a South Carolina criminal defense attorney as soon as possible.
What If the Driver Is Also Accused of DUI?
A driver accused of leaving an accident scene may also face DUI charges if law enforcement believes alcohol or drugs contributed to the incident.
These are separate legal issues.
The government may attempt to establish impairment through breath or blood testing, officer observations, video evidence, witness testimony, driving behavior, statements allegedly made by the defendant, and other evidence.
Meanwhile, prosecutors pursuing a leaving-the-scene charge must establish the elements applicable to that offense.
Because the allegations are distinct, a person can potentially face multiple criminal charges arising from a single incident.
When Can DUI Become Felony DUI in South Carolina?
An ordinary DUI allegation can become substantially more serious when an impaired driver is accused of causing great bodily injury or death.
South Carolina recognizes felony DUI offenses when prosecutors allege that a person’s impaired driving caused great bodily injury or death.
These cases can expose a defendant to significant prison sentences and other consequences.
Strom Law Firm provides additional information about these cases on its South Carolina Felony DUI Attorneys page.
It is important, however, not to assume that every DUI accident involving an injury automatically constitutes felony DUI. Prosecutors must prove the required elements of the applicable offense, including issues involving causation.
What Evidence May Be Important in a DUI Hit-and-Run Case?
DUI accidents and alleged hit-and-run cases can generate substantial amounts of evidence.
A criminal defense investigation may examine:
Body-camera and dash-camera footage. Video can show interactions between law enforcement and the accused and may provide evidence concerning the traffic stop, sobriety testing, arrest, or statements.
Surveillance cameras. Businesses, residences, intersections, and other locations near the collision may have captured the accident or the vehicle involved.
Witness statements. Witnesses may provide information concerning the collision, the driver’s behavior, vehicle identification, or events before and after the crash.
Chemical testing. Breath, blood, or urine testing may become central to the prosecution’s DUI case.
Vehicle evidence. Damage patterns, electronic vehicle data, photographs, and accident reconstruction can become important when determining how a collision occurred.
Police procedures. DUI investigations are governed by numerous constitutional and statutory requirements. Defense counsel may examine whether law enforcement complied with applicable requirements during the investigation and arrest.
A South Carolina DUI lawyer can review the circumstances surrounding the arrest and determine what evidence may be challenged.
Can Police Charge Someone With DUI After They Leave the Accident Scene?
Potentially, yes.
Leaving the scene does not necessarily prevent law enforcement from conducting a DUI investigation later.
Police may locate a suspected vehicle or driver using witness descriptions, license-plate information, surveillance footage, vehicle damage, traffic-camera information, or other investigative methods.
However, the passage of time can create important evidentiary questions.
For example, prosecutors may need to establish whether evidence of impairment obtained sometime after a collision reliably demonstrates the driver’s condition at the time the vehicle was being operated.
Those circumstances can become particularly important in defending a DUI case.
What Should You Do After Being Accused of DUI and Hit-and-Run?
If you are under investigation or have been arrested, what happens immediately afterward can have a significant impact on your case.
Do not assume that explaining everything to investigators will make the allegations disappear. Statements made to law enforcement can potentially become evidence in a criminal prosecution.
A criminal defense attorney can investigate the allegations, review the government’s evidence, evaluate whether constitutional rights were violated, examine testing procedures, interview witnesses, preserve video evidence, and determine what defenses may be available.
Strom Law Firm explains more about the role of defense counsel in its resource discussing what a South Carolina criminal defense attorney does.
Can an Injured Person File a Civil Lawsuit After a DUI Accident?
Criminal charges are only one potential consequence of an impaired-driving collision.
A person injured by an allegedly impaired driver may also have the right to pursue a civil personal-injury claim. If a collision results in death, certain surviving family members or representatives may potentially pursue a wrongful-death claim.
The criminal case and civil case are separate proceedings.
Depending on the circumstances, an injured person may seek compensation for damages including medical expenses, lost income, pain and suffering, future medical treatment, disability, and other losses permitted under South Carolina law.
In some alcohol-related accidents, additional parties may potentially bear responsibility depending on the circumstances surrounding the provision or sale of alcohol.
Learn more about how Strom Law Firm represents victims of DUI accidents in South Carolina.
Recent Berkeley County DUI Investigation
The importance of these laws was highlighted by the recent Berkeley County investigation.
According to ABC News 4’s report on the Berkeley County collision, a sheriff’s deputy was struck while working in the Summerville area on August 21. Authorities alleged that the driver left the scene and was subsequently stopped by the South Carolina Highway Patrol.
The driver was charged with DUI, according to the report. The deputy reportedly was not injured.
Because the investigation was ongoing when the incident was reported, additional facts or charges could change. Nothing about an arrest or accusation should be interpreted as proof of criminal wrongdoing.
The case nevertheless illustrates how quickly an ordinary DUI investigation can become more complicated when an accident and allegations of leaving the scene are involved.
Talk to a South Carolina DUI and Criminal Defense Lawyer
Being arrested for DUI can affect your driver’s license, employment, finances, reputation, and freedom. When an accident or allegations of leaving the scene are involved, the potential consequences can become considerably more serious.
The criminal defense attorneys at Strom Law Firm represent people facing DUI and other criminal charges throughout South Carolina.
If you or a loved one has been charged with DUI, felony DUI, hit-and-run, or another serious traffic-related criminal offense, contact Strom Law Firm to discuss your situation.
Contact Strom Law Firm for a consultation or call (803) 252-4800.
Every case is different, and prior results do not guarantee a particular outcome.
This article is provided for informational purposes only and does not constitute legal advice. Reading this article or contacting Strom Law Firm does not, by itself, create an attorney-client relationship.