DUI Lawyer | DUI vs. DUAC in South Carolina

DUI Lawyer | South Carolina is one of the strictest states when it comes to driving under the influence. Anyone who drives in South Carolina is under the implied consent law, which means that you’re automatically consenting to drug and alcohol testing if you are on the roads. When you’re arrested for driving under the influence, prosecutors will need to decide whether they can charge you with a DUI or a DUAC and you’ll need a DUI lawyer to help you navigate and defend your charges.

What is a DUAC?

A DUAC is Driving with an Unlawful Alcohol Concentration under South Carolina Code section 56-5-2933. Prosecutors must prove that your blood alcohol concentration was .08 or higher. A DUAC is a criminal offense under South Carolina law.

What is DUI?

A DUI is a misdemeanor offense under South Carolina Code section 56-5-2930 and is the most common citation for drunk driving and is defined as driving under the influence of drugs or alcohol. The prosecution only has to prove impairment, regardless of blood alcohol concentration, which makes a DUI the easiest charge to pursue in most cases, especially when the defendant refuses to take an on-site breathalyzer.

You’ll probably first be charged with a DUI until the alcohol test results come back. When test results come back, showing a BAC of more than .08 the prosecution has the option of dropping the DUI and charging drivers with a DUAC instead. A DUI lawyer can help you to defend yourself against these charges, but drivers should be aware that the sentencing for both charges is similar and the penalties can include:

  • Going to prison
  • Fines
  • Driver’s license suspension or revocation
  • Mandatory Alcohol and Drug Safety Action Educational Programming
  • Breathalyzer device installation in your vehicle
  • Community service
  • Mandatory rehabilitation program attendance

You don’t have to face DUI or DUAC charges alone. Let a DUI lawyer have your back and fight for your rights. Call Peter David Brown today for a consultation with a DUI lawyer at 843-971-0099.