Consequences of a Conviction

• Corpus delicti
• Felony driving under the influence
• Evidence of driving under the influence
• South Carolina statutory guidance on dui
• The Statutes
• Discovery rule

“A felony driving under the influence charge requires proof of three elements:

1. the actor drives a vehicle while under the influence of alcohol or drugs;
2. the actor does an act forbidden by law or neglects a duty imposed by law; and
3. the act or neglect proximately causes great bodily harm or death to another person.”

• State v. Dantonio,  376 S.C. 594, 658 S.E.2d 337 (S.C.App.,2008).

“Evidence was sufficient to support finding that defendant's speed was a proximate cause of vehicle collision and its resulting fatalities, and thus evidence was sufficient to support conviction for felony driving under the influence; collision reconstruction experts opined defendant drove in excess of eighty miles per hour in a fifty-five mile per hour speed zone, and experts opined that if defendant had driven at fifty-five miles per hour, he would not have collided with other vehicle.”

• State v. Dantonio,  376 S.C. 594, 658 S.E.2d 337 (S.C.App.,2008).

“A defendant's act need not be the sole cause of the victim's death to sustain a conviction for felony driving under the influence, provided it is a proximate cause actually contributing to the death.”

• State v. Dantonio,  376 S.C. 594, 658 S.E.2d 337 (S.C.App.,2008).