(A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a vehicle and when driving does any act forbidden by law or neglects any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes great bodily injury or death to a person other than himself, is guilty of a felony and upon conviction must be punished:

1. (1) by a mandatory fine of not less than five thousand one hundred dollars nor more than ten thousand one hundred dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results;

2. (2) by a mandatory fine of not less than ten thousand one hundred dollars nor more than twenty-five thousand one hundred dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results.

   A part of the mandatory sentences required to be imposed by this section must not be suspended, and probation must not be granted for any portion.

(B) As used in this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

The department must suspend the driver's license of a person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include a term of imprisonment plus three years.

(C) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the department for the Highway Patrol.

SECTION 56-5-2945 does not expressly repeal the existing offenses of involuntary manslaughter and reckless homicide, and construction of the statute indicates that repeal by implication is not intended. State v. Bodiford (S.C. 1984) 282 S.C. 378, 318 S.E.2d 567.

2. Term of imprisonment

Probation, a suspension of the period of incarceration, is part of a criminal defendant's "term of imprisonment," as is actual incarceration, parole, the suspended portion of a sentence, and supervised furlough. Thompson v. South Carolina Dept. of Public Safety (S.C. 1999) 335 S.C. 52, 515 S.E.2d 761, rehearing denied. Sentencing And Punishment 1165; Sentencing And Punishment 1167; Sentencing And Punishment 1168

"Term of imprisonment," as used in portion of felony driving under influence (DUI) statute which provides that driver's license of any person convicted thereunder shall be suspended for period to include any term of imprisonment plus three years, means non-fine part of criminal sentence, and includes suspended portions, probation or parole periods, and supervised furlough; it is not limited to period of actual incarceration; overruling Davis v. South Carolina Dep't of Public Safety, 328 S.C. 578, 493 S.E.2d 871. Thompson v. South Carolina Dept. of Public Safety (S.C. 1999) 335 S.C. 52, 515 S.E.2d 761, rehearing denied. Automobiles 144.2(8)

3. Multiple convictions

Three convictions for felony driving under influence (DUI) arising out of single accident subjected motorist to three separate and consecutive three-year driver's license suspensions, rather than one three-year suspension. Thompson v. South Carolina Dept. of Public Safety (S.C. 1999) 335 S.C. 52, 515 S.E.2d 761, rehearing denied. Automobiles 144.2(8)

4. Admissibility of evidence

In prosecutions for driving under the influence (DUI), when moving to admit blood alcohol test results, the State must prove a chain of custody of the blood sample from the time it is drawn until it is tested. Ex parte Department of Health and Environmental Control (S.C. 2002) 350 S.C. 243, 565 S.E.2d 293. Automobiles 425