DUI vs. DUAC in South Carolina: What’s the Difference?
When facing alcohol-related driving charges in South Carolina, it’s essential to understand the distinction between Driving Under the Influence (DUI) and Driving with an Unlawful Alcohol Concentration (DUAC). While both offenses carry serious consequences, the legal standards and evidence required to prove each charge differ significantly.
DUI: Driving Under the Influence
Under South Carolina law, a DUI charge requires proof that the driver’s ability to operate a motor vehicle was “materially and appreciably impaired” by alcohol, drugs, or a combination of both. S.C. Code Ann. § 56-5-2930, State v. Salisbury, 343 S.C. 520. The prosecution must establish two key elements: (1) the driver’s faculties were impaired, and (2) this impairment was caused by the consumption of alcohol or drugs. State v. Salisbury, 343 S.C. 520. Importantly, the State can rely on circumstantial evidence, such as erratic driving, field sobriety test results, or the driver’s behavior, to prove impairment . State v. Salisbury, 343 S.C. 520, Anderson v. State, 442 S.C. 372.
A blood alcohol concentration (BAC) of 0.08% or higher may create an inference of impairment, but it is not conclusive proof. Other evidence, such as the driver’s physical condition or performance on sobriety tests, can be introduced to challenge or corroborate the BAC results . S.C. Code Ann. § 56-5-2950. This means that even if a driver’s BAC is below 0.08%, they can still be convicted of DUI if the State proves their faculties were impaired . State v. Salisbury, 343 S.C. 520.
DUAC: Driving with an Unlawful Alcohol Concentration
DUAC, on the other hand, focuses solely on the driver’s BAC. It is unlawful to operate a motor vehicle in South Carolina with a BAC of 0.08% or higher, regardless of whether the driver’s faculties were impaired. S.C. Code Ann. § 56-5-2933. Unlike a DUI, the prosecution does not need to prove that the driver’s ability to drive was affected by alcohol. Instead, the State must show that the driver’s BAC met or exceeded the legal limit at the time of testing. S.C. Code Ann. § 56-5-2950, S.C. Code Ann. § 56-5-2933.
DUAC charges are often easier for prosecutors to prove because they rely on objective chemical test results rather than subjective observations of impairment. However, the validity of the BAC test can still be challenged based on factors such as the timing of the test, the qualifications of the person administering it, and whether proper procedures were followed. S.C. Code Ann. § 56-5-2950.
Key Differences Between DUI and DUAC
- Proof of Impairment: DUI requires evidence that alcohol or drugs impaired the driver’s faculties, while DUAC only requires proof of a BAC of 0.08% or higher. S.C. Code Ann. § 56-5-2930, State v. Salisbury, 343 S.C. 520, S.C. Code Ann. § 56-5-2933.
- Evidence: DUI cases often involve subjective evidence, such as field sobriety tests and witness testimony, whereas DUAC cases rely primarily on BAC test results. S.C. Code Ann. § 56-5-2950, S.C. Code Ann. § 56-5-2933.
- Prosecution Strategy: Because DUAC does not require proof of impairment, it is often pursued aggressively by prosecutors, particularly when BAC evidence is strong. S.C. Code Ann. § 56-5-2933.
Penalties for DUI and DUAC
The penalties for DUI and DUAC are similar and can include fines, jail time, license suspension, and mandatory enrollment in the Ignition Interlock Device Program for repeat offenders. S.C. Code Ann. § 56-5-2930, S.C. Code Ann. § 56-5-2933, S.C. Code Ann. § 56-5-2945. For example, a first-offense DUI or DUAC conviction can result in a fine of a little more than $1000 or imprisonment for 48 hours to 30 days, with enhanced penalties for higher BAC levels or repeat offenses. S.C. Code Ann. § 56-5-2930, S.C. Code Ann. § 56-5-2933. Additionally, both offenses may lead to the suspension of the driver’s license and other administrative consequences. S.C. Code Ann. § 56-5-2945.
Defending Against DUI and DUAC Charges
While DUI and DUAC charges differ in their evidentiary requirements, both can be challenged in court. For DUI cases, the defense may focus on disputing the evidence of impairment, such as the reliability of field sobriety tests or the officer’s observations . State v. Salisbury, 343 S.C. 520. In DUAC cases, the defense may question the accuracy and administration of the BAC test, including whether it was conducted within the required time frame and in compliance with South Carolina law . S.C. Code Ann. § 56-5-2950.
Understanding the differences between DUI and DUAC is critical for anyone facing alcohol-related driving charges in South Carolina. While DUI requires proof of impairment, DUAC focuses solely on BAC levels, making it easier for prosecutors to secure convictions. Both charges carry severe penalties, so it is essential to seek experienced legal representation to protect your rights and build a strong defense.
Why Legal Representation Matters in DUI and DUAC Cases
Each additional DUI conviction compounds the consequences. An experienced Charleston DUI attorneymay be able to:
- Challenge the legality of the traffic stop
- Examine breath, blood, or field sobriety testing procedures
- Contest prior DUI convictions used to enhance penalties
- Identify constitutional or procedural defenses
Early legal intervention can make a meaningful difference in the outcome of your case.
If you’ve been charged with a first, second, or third DUI or DUAC in South Carolina, understanding the stakes, and your legal options, is essential. Experienced attorneys and the right defense strategy can protect your license, your record, and your future.
If you or a loved one has been charged with DUI or DUAC in South Carolina contact Seibert Law and Mediation today. Learn your rights, penalties, and defense options with experienced DUI and DUAC attorneys at Seibert Law and Mediation in Charleston, South Carolina and West Ashley, South Carolina.
Seibert Law and Mediation provides experienced DUI defense throughout both lowcountry South Carolina in Charleston, Johns Island, West Ashley, James Island, Daniel Island, Mount Pleasant, Summerville, Goose Creek, Moncks Corner, and surrounding communities; as well as upstate South Carolina in Spartanburg and Greenville, and surrounding communities.
DUI cases move fast. Protect your rights early.