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John Tyler THOMPSON, Respondent, v. SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, Petitioner

Supreme Court of South Carolina1999-04-19No. No. 24937
335 S.C. 52515 S.E.2d 761

Summary

Holding. The Supreme Court reversed the Court of Appeals' judgment. The phrase "term of imprisonment" in the felony DUI statute includes probation and other non-monetary sentence components beyond actual incarceration, and the mandatory license suspension is triggered by the number of convictions rather than the number of accidents, allowing the Department to impose consecutive three-year suspensions for multiple convictions arising from a single incident.

Thompson was convicted of three counts of felony driving under the influence arising from a single accident and challenged the Department of Public Safety's calculation of his mandatory driver's license suspension. The Department calculated the suspension period to include the time Thompson spent on probation (treated as part of his overall criminal sentence) plus three separate three-year suspensions—one for each conviction. The Court of Appeals had narrowed the suspension period by interpreting "term of imprisonment" to mean only actual time incarcerated and by allowing only a single three-year suspension regardless of the number of convictions from one accident.

The Supreme Court reversed the Court of Appeals on both grounds. First, the Court held that "term of imprisonment" under the felony DUI statute encompasses all non-monetary components of a criminal sentence, including probation, parole, suspended portions of sentences, and supervised furlough—not merely the period of actual incarceration. Second, the Court determined that the statute triggers mandatory suspensions based on the number of convictions, not the number of accidents or victims. Because Thompson had three separate convictions, the Department properly imposed three consecutive three-year suspension periods, and the statute does not require these suspensions to run concurrently.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether 'term of imprisonment' includes probation and suspended sentence portions or only actual incarceration
  • Whether mandatory license suspensions are imposed per conviction or per accident/incident
  • Whether the Department may impose consecutive license suspensions for multiple felony DUI convictions arising from a single accident

Procedural posture

Thompson petitioned for certiorari after the Court of Appeals reversed the circuit court's judgment upholding the Department's license suspension calculation.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

FINNEY, Chief Justice:

This is an action to construe the mandatory driver’s license suspension portion of the felony driving under the influence (felony DUI) statute, S.C.Code Ann. § 56-5-2945 (Supp.1998). The Court of Appeals held the statutory three year suspension period following “any term of imprisonment” commenced when respondent was released from prison and began serving his probationary sentence, and that where, as here, a defendant has multiple felony DUI convictions arising out of a single accident, the legislature intended that he receive a single three year suspension. Thompson v. South Carolina Dep’t of Public Safety, Op. No. 97-UP-552 (S.C.Ct.App. filed October 21, 1997). We granted certiorari, and now reverse.

Respondent was convicted of three counts of felony DUI causing great bodily harm arising out of a single accident. He received two consecutive Youthful Offender Act sentences not to exceed six years, and a concurrent ten year sentence suspended on five years probation. The probationary sentence was to begin after service of the Youthful Offender Act sentences. On May 28, 1993, respondent was released from prison and began serving his five year probationary sentence. The Department notified him that his license would remain suspended until May 28, 2007: the five year probationary period, followed by three consecutive three year statutory suspensions.

Respondent then brought this declaratory judgment action to construe the mandatory driver’s license suspension portion of § 56-5-2945. The circuit court upheld the Department’s interpretation, but the Court of Appeals reversed. We granted certiorari to decide two issues:

(1) Whether the Court of Appeals erred in holding the phrase “term of imprisonment” in § 56-5-2945 means only the actual period of incarceration?; and

(2) Whether the Court of Appeals erred in holding the Department could not impose consecutive three year suspensions where multiple felony DUI convictions arise out of a single accident?

We find both issues were incorrectly decided by the Court of Appeals, and therefore reverse.

A. “Term of Imprisonment”

The felony DUI statute provides in pertinent part:

The department shall suspend the driver’s license of any person who is convicted or receives sentence upon a plea of guilty or nolo contendré pursuant to the [felony DUI] section for a period to include any term of imprisonment plus three years.

S.C.Code Ann. § 56-5-2945 (emphasis added).

The phrase “Term of imprisonment” has a well-established meaning in South Carolina criminal law. It is a type of criminal sentence, as distinguished from a “fine”, which is a monetary sanction. See, e.g., Jackson v. State, 331 S.C. 486, 489 S.E.2d 915 (1997).

In sentencing, a trial judge may impose a term of years but “provide for a suspension of a part of such imprisonment, and the placing of the defendant on probation after serving a designated portion of the term of imprisonment.” Moore v. Patterson, 203 S.C. 90, 26 S.E.2d 319 (1943). Probation, a suspension of the period of incarceration, is clearly part of a criminal defendant’s “term of imprisonment”, as is actual incarceration, parole, and the suspended portion of a sentence, e.g., Mims v. State, 273 S.C. 740, 259 S.E.2d 602 (1979); Sanders v. MacDougall, 244 S.C. 160, 135 S.E.2d 836 (1964), or “supervised furlough.” Crooks v. State, 326 S.C. 171, 485 S.E.2d 374 (1997).

“Term of imprisonment” as used in § 56-5-2945 means the non-fíne part of criminal sentence, and includes suspended portions, probation or parole periods, and supervised furlough. The Court of Appeals’ decision limiting the meaning of the phrase to the period of actual incarceration is reversed.

B. Period of Suspension

The Court of Appeals held that respondent committed a single offense resulting in harm to more than one person. It found the legislature failed to anticipate this type of situation when it mandated license suspensions, and construed the statute to allow only a single three year suspension when a felony DUI defendant has only one accident, regardless of the number of persons injured or killed. The Department argues this was error. We agree.

First, it is simply incorrect to assert that respondent committed only a single offense — he committed only one type of offense. More importantly, the relevant event in the statute triggering the suspension is ‘conviction’, not offense or accident. Respondent has three convictions “pursuant to” § 56-5-2945, and under the plain language of the statute faces three three year suspensions.

Further, unlike the Court of Appeals, we find the legislature did consider the possibility that a defendant could injure multiple victims because the statute specifies that the driver’s license suspension is mandatory upon conviction or plea. Had the legislature intended for the suspensions to be dependent upon something other than the number of convictions, the legislature would have made the operative event the ‘accident’ or ‘incident.’ The statute is silent, however, as to the Department’s authority to run the suspensions consecutively.

In Bay v. South Carolina Highway Dep’t, 266 S.C. 9, 221 S.E.2d 106 (1975), appellant was convicted of reckless homicide and leaving the scene of an accident, both convictions arising out of a single accident. Each conviction carried a mandatory license suspension, and we held that the Depart ment was authorized to impose these suspensions consecutively, noting: (1) nothing in the statute required the Department to make the suspensions concurrent; (2) that the fact appellant’s criminal sentences ran concurrently was irrelevant to these civil suspensions; and (3) “There is nothing to indicate that [Bay] is entitled to be rewarded by having the periods of suspension run concurrently simply because he committed two offenses within a very short period of each other.” Id.

While Bay is not dispositive of the issue here, we adopt its reasoning. First, the felony DUI statute does not require concurrent suspensions. Second, we do not believe respondent is entitled to be rewarded by concurrent suspensions simply because he fortuitously seriously injured three people in one accident rather than injuring each in a separate accident. It is -within the Department’s authority to run the mandatory license suspensions under the felony DUI statute consecutively. The Court of Appeals’ holding to the contrary is reversed.

For these reasons, the decision of the Court of Appeals is REVERSED.

TOAL, MOORE, WALLER, and BURNETT, JJ., concur.

. In addition to this case, the Court of Appeals filed three other opinions involving these issues on October 21, 1997: Caraway v. South Carolina Dept of Public Safety, Op. No. 97-UP-553 (S.C.Ct.App. filed October 21, 1997); Davis v. South Carolina Dep’t of Public Safety, 328 S.C. 578, 493 S.E.2d 871 (Ct.App.1997); and Williams v. South Carolina Dep’t of Public Safety, Op. No. 97-UP-554 (S.C.Ct.App. filed October 21, 1997). The Department sought certiorari only in this case and Davis and we granted both petitions. For the reasons given in this opinion, we now overrule Davis.