When you get arrested for drunk driving in South Carolina, you can potentially face two different charges. While you might be charged with driving under the influence (DUI), you might also be charged with driving with unlawful alcohol concentration (DUAC). Even though both of these are drunk driving charges—and they carry the same penalties—defending against a DUI is very different from defending against a DUAC.
As a result, if you’ve been arrested for drunk driving in Mount Pleasant or Goose Creek, it is critical to understand whether you are being charged with DUI or DUAC. Keep reading to learn more from the drunk driving defense lawyers at DeLuca Maucher:
Driving Under the Influence (DUI)
We’ll cover DUI first. Here’s what you need to know if you are facing a DUI charge under South Carolina law:
When Can You Be Charged with DUI?
You can be charged with DUI in South Carolina if your ability to drive is impaired by your consumption of alcohol or use of drugs. As stated in Section 56-5-2930 of the South Carolina Code of Laws:
“It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired . . . .”
You’ll notice that this says nothing about your blood alcohol concentration (BAC). This is because BAC is used to prove DUAC charges, as we discuss in detail below.
How Do Prosecutors Prove DUI?
Since your BAC is not needed to prove that you were driving under the influence, how do prosecutors prove DUI in South Carolina? In DUI cases, prosecutors may rely on various forms of evidence, including (but not limited to):
- Dash camera footage from before your traffic stop
- Dash camera or body camera footage from your traffic stop
- The arresting officer’s sworn statements regarding your driving behavior, appearance, or speech
- Your performance on the field sobriety tests (FSTs)
- Your statements made to the police during or after your traffic stop
Again, these are just examples. When facing a DUI charge in South Carolina, it is critical to ensure that you have a clear picture of all of the evidence that prosecutors will be able to present in court.
What are the Potential Defenses to a DUI Charge?
While prosecutors can use several forms of evidence to prove that you were driving under the influence, there are also several potential defenses to DUI charges in Mount Pleasant and Goose Creek. Depending on the circumstances of your case, some examples of defenses you may be able to use to fight your DUI charge include:
- Your driving abilities weren’t “materially and appreciably impaired”
- The police stopped you without reasonable suspicion
- The police arrested you without probable cause
- The police didn’t read your Miranda rights
- The arresting officer improperly administered the FSTs
Here, too, these are just examples. Also, keep in mind that the prosecution has the burden of proving your guilt beyond a reasonable doubt. As a result, while you may be able to defend against your DUI charge by showing that your driving abilities weren’t “materially and appreciably impaired,” it may also be enough to show that the prosecution can’t prove material and appreciable impairment.
Driving with Unlawful Alcohol Concentration (DUAC)
While DUI charges are based solely on impairment, DUAC charges are based solely on BAC. Here’s what you need to know if you’re facing a DUAC charge in South Carolina court:
When Can You Be Charged with DUAC?
South Carolina’s “legal limit” for drivers over age 21 is 0.08 percent. This is reflected in South Carolina’s DUAC law (Section 56-5-2933 of the South Carolina Code of Laws), which states:
“It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is eight one-hundredths of one percent or more.”
As you can see, this section of the law says nothing about impairment. This is because DUAC is what is known as a “per se” offense. If your BAC is over the legal limit, then it doesn’t matter whether your driving abilities are impaired.
How Do Prosecutors Prove DUAC?
Prosecutors can prove DUAC charges by presenting admissible evidence of a driver’s BAC. This evidence can take three forms:
- Breathalyzer test results
- Blood test results
- Urine test results
Under South Carolina’s implied consent law, all drivers are required to submit to testing during a drunk driving stop—provided that the police comply with the law’s requirements. If you unlawfully refuse testing, not only can you be charged with DUI, but you can be charged with an implied consent violation as well.
What are the Potential Defenses to a DUAC Charge?
Just as there are several potential defenses to DUI charges in South Carolina, there are several potential defenses to DUAC charges as well. While many defenses can be used in both DUI and DUAC cases, some examples of defenses that are specific to DUAC cases include:
- The police failed to comply with South Carolina’s implied consent law
- The police waited too long to test your BAC
- The testing device wasn’t properly calibrated
- The person who performed the test wasn’t properly qualified
- There is an alternate explanation for your high BAC
If you are facing a DUI or DUAC charge, you must fight your charge by all means available. To find out what defenses you can use in your case, schedule an appointment with a drunk driving defense lawyer at DeLuca Maucher today.
Schedule an Appointment with a Drunk Driving Defense Lawyer at DeLuca Maucher
Are you facing a DUI or DUAC charge in Mount Pleasant or Goose Creek? If so, we encourage you to contact us promptly for more information. Call 843-572-1711 or get in touch online to schedule an appointment today.