In South Carolina, Driving Under the Influence (DUI) is the official charge for impaired driving due to alcohol or drugs. Terms such as “Driving While Impaired” and “Operating Under the Influence” are informal names that refer to the same offense under South Carolina law.
If you’ve been pulled over and arrested for suspected drunk driving, you might hear terms such as DUI, DWI, and OUI. Many people assume these abbreviations describe different offenses. In some states, there is a distinction. But in South Carolina, the difference between DUI, DWI, and OUI is in name only. South Carolina does not have separate DWI and OUI statutes. DUI is the primary offense in South Carolina.
If you have been charged with DUI in South Carolina, talk to an experienced drunk driving defense lawyer today.
Is a DUI the Only Official Drunk Driving Charge in South Carolina?
South Carolina’s drunk driving laws state that a person is driving while impaired if they drive a motor vehicle and:
- Have a blood alcohol concentration of .08% or higher
- Have a blood alcohol concentration (BAC) of 0.05% or higher, and exhibit other signs of impairment
- Are impaired by a combination of drugs and alcohol.
What is DUAC?
In addition to DUI, South Carolina criminal law lists a separate offense called DUAC, or Driving with an Unlawful Alcohol Concentration. This law prohibits operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Unlike a DUI case, prosecutors only need to show that your blood alcohol content was 0.08% to obtain a DUAC conviction. There is no requirement to show proof of impairment.
A conviction of DUAC carries similar penalties to a DUI, including fines, driver’s license suspension, potential jail time, and alcohol counseling. Many people mistakenly believe that DUAC is a “lesser” offense, but the consequences are just as serious as a DUI conviction. If you have been charged with DUAC, you need to consult an experienced DUI lawyer.
If I Pass the Field Sobriety Test, Could I Still Be Charged with a DUI?
Even if you believe you passed the field sobriety tests, a law enforcement officer can still make a DUI arrest. Field sobriety tests, such as the walk-and-turn and one-leg-stand tests, are highly subjective and prone to error. Officers often use their observations of speech, balance, demeanor, and even the odor of alcohol to justify an arrest.
South Carolina law permits a police officer to make a DUI arrest if the officer believes your ability to drive was materially and appreciably impaired. Blood and breath tests can be introduced as evidence of impairment, even if you could follow most sobriety test instructions. That is why it’s crucial to speak with a criminal defense attorney as soon as possible after a DUI arrest. You should not try to navigate the criminal justice system on your own.
What Are the Penalties for First, Second, or Third DUI Offenses?
Criminal penalties for drunk driving in South Carolina are harsh, especially if you have previous DUI convictions. Even a first conviction of DUI involves a hefty fine of up to $400, plus court costs, and the potential for a sentence of 48 hours to 30 days in jail. You’ll also face the suspension of driving privileges for six months.
For a second offense, jail time ranges from five days to one year, and fines can be up to $5,100. A third offense carries a minimum 60-day jail sentence and up to three years in prison, fines up to $6,300, and a two- to four-year license suspension.
If convicted, you’ll also be required to complete the Alcohol and Drug Safety Action Program (ADSAP). Drivers also may have to install an ignition interlock device on their vehicle at their own expense. The court may impose harsher penalties if you had a higher BAC reading or if you had a child passenger in the vehicle.
What Are Possible Defenses Against a DUI Charge?
A conviction is not a foregone conclusion if you are facing criminal charges of DUI or DUAC. You will need a skilled drunk driving defense attorney who has handled many drunk driving cases to protect your rights.
Common DUI defenses include:
- Challenging the traffic stop: Officers must have a valid reason to stop your car. If they didn’t, the evidence gathered afterward may be thrown out.
- Questioning field sobriety test procedures: Poor weather, uneven terrain, and health conditions often lead to inaccurate field test results.
- Examining breath and blood test results: Testing equipment isn’t always accurate. Improper calibration or maintenance of the breathalyzer device, as well as mishandling of blood samples, can lead to inaccurate results.
- Challenging the officer’s observations: Video footage, witness accounts, and other evidence can sometimes contradict an officer’s stated reasons for stopping your vehicle.
Can a South Carolina DUI Charge Be Expunged?
In most cases, DUI convictions can’t be expunged under South Carolina law. Even first DUI offenses stay on your driving record permanently. If you were charged with DUI but not convicted, or the charges were dropped, then you may be eligible for expungement.
Expungement can help you move forward without the burden of a criminal record. A skilled DUI defense attorney can review your record to determine your eligibility for expungement. If you are eligible, the attorney can guide you through the process of having the charges wiped from your record.
Given the long-term impact of a DUI or DUAC conviction, it’s important to take these charges seriously right away. The earlier you work with an experienced criminal defense lawyer, the better your chances of avoiding long-term consequences and a permanent criminal record.
Contact a South Carolina Criminal Defense Lawyer
If you have been charged with DUI in York County, Lancaster County, or the surrounding areas of South Carolina, the attorneys at McKinney, Tucker & Lemel LLC are here to help you. Our law firm has a tradition of protecting the rights of people across South Carolina since 1977. We take pride in offering open communication, understanding, attention to detail, and cost-effective advocacy.
Our firm has decades of experience representing clients in personal injury, criminal defense, and family law matters. Click the testimonials to see what our past clients have to say about our representation, then reach out to our dedicated legal team for trusted guidance.
Let us put our decades of experience to work for you. Visit our contact us page today for a consultation with our DUI defense lawyers.
