Available 24/7
DUAC and DUI are both drunk driving charges in South Carolina. But they are not the same.
Our experienced Columbia DUI defense lawyer at Shealey Law Firm explains DUAC vs. DUI.
What Is a DUAC Charge in South Carolina?
A DUAC (Driving Under an Unlawful Alcohol Concentration) charge in South Carolina is driving with an unlawful bodily alcohol content. A person is DUAC if they have a bodily alcohol content of eight one-hundredths of one percent (0.08%) or more at the time of driving.
How DUAC Differs From DUI Under South Carolina Law
The biggest way that DUAC differs from DUI under South Carolina law is that DUAC is based on being over the legal limit, while DUI is how the alcohol affects the ability to drive.
DUAC vs. DUI Comparison Chart
| DUAC = Driving under the unlawful bodily alcohol content | DUI = Driving under the influence |
| DUAC = Alcohol only | DUI = Alcohol, drugs, or a combination of both |
| DUAC = Evidence of impairment not required to convict | DUI = Must be materially and appreciably impaired at the time of driving |
| DUAC = Chemical testing required | DUI = Can be prosecuted without a chemical test or with results under 0.08% |
| DUAC = Level of bodily alcohol concentration matters for conviction and sentencing | DUI = Level of bodily alcohol concentration matters for sentencing, but may be persuasive in determining influence of alcohol |
| DUAC = S.C. Code § 56-5-2933 | DUI = S.C. Code § 56-5-2930 |
Legal Limits and the Role of Bodily Alcohol Content (BAC)
The basis of a DUAC charge is bodily alcohol content. Without a chemical test result admitted into evidence, the prosecution will not have the evidence to prove a DUAC case.
Usually, there is a breath test given after arrest. Sometimes, there is blood testing, especially with suspicion of drug use.
For a test to be valid for prosecution, it must be performed within two hours of arrest. In South Carolina and most of the United States, the legal limit is 0.08%, whether measured in the breath or blood.
Challenging the test results in a DUAC case
With chemical test results being key to a DUAC prosecution, fighting the charges may mean challenging chemical test results. There are several reasons that test results may be questioned. A breath test machine may not have been calibrated correctly. There are times when a person’s bodily alcohol content could rise after arrest because of the timing of alcohol consumption. An experienced attorney can assist you in investigating the chemical testing in your case.
Penalties for DUAC vs. DUI: What You Could Be Facing
The penalties for DUAC and DUI depend on several factors.
- Whether it is your first drunk driving offense, penalties increase for repeat offenders
- Your bodily alcohol content based on test results (even if your conviction is for DUI)
- If anyone was hurt or killed
The penalties are the same whether you are convicted of DUAC or DUI. Within the minimums and maximums, the judge decides the sentence.
| Bodily Alcohol Content | First Offense | Second Offense | Third Offense | Fourth or Subsequent Offense |
| .08-.10 | $400 fine or 48 hours-30 days jail* | $2,100-$5,100 fine and 5 days-1 year jail | $3,800-$6,300 fine and imprisonment for 60 days-3 years jail | 1-5 years jail |
| .10-.15 | $500 fine or 72 hours-30 days jail* | $2,500-$5,500 fine, 30 days-2 years jail | $5,000-$7,500 fine and 90 days-4 years jail | 2-6 years jail |
| .16+ | $1,000 fine or 30-90 days jail* | $3,500-$6,500 and 90 days-3 years jail | $7,500-$10,000 and 6 months-5 years jail | 3-7 years jail |
*Community service may be served instead of jail. The court may not require community service instead of jail.
Other forms of punishment may also be required, including:
- Restitution
- Driver’s license suspension
- Ignition interlock program
- Alcohol and substance abuse treatment
Will a DUAC Show Up on Your Criminal Record?
Yes. A DUAC appears on your criminal and traffic records. DUAC cannot be expunged.
Can You Fight a DUAC the Same Way You’d Fight a DUI?
Because DUAC and DUI have different charging elements, you shouldn’t fight them in the same way. A DUAC defense will focus on the procedure and validity of chemical testing. A DUI defense should focus more on poor driving and evidence of impairment.
It’s important to understand the charge you’re facing so that you can prepare an effective defense.
Fighting the charge means questioning state evidence and presenting your case. It may include preliminary motions, use of an expert defense witness, and effective trial advocacy.
Note: You cannot be prosecuted for both DUAC and DUI at the same time. “A person may not be prosecuted for both a violation of Section 56-5-2930 and a violation of this section for the same incident.” (S.C. Code § 56-5-2933(I).)
Why You Need a Criminal Defense Attorney for Either Charge
A DUAC or DUI conviction can change your life. How you approach the charges can impact your case outcome. A criminal defense attorney uses their experience and legal skills to fight your charges. They can personalize your defense to your situation, giving you advice, representation, and support throughout the case.
Contact Us
Are you facing DUAC or DUI charges in SC? Do you need to understand the difference?
Shealey Law Firm is currently taking new cases. Contact us.