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DUI. Driving under the influence. Operating while intoxicated. Driving while impaired.
These are all terms for drunk driving. In South Carolina, drunk driving charges are either DUAC (Driving with an Unlawful Alcohol Content) or DUI (Driving Under the Influence of alcohol).
Our experienced Columbia DUI defense lawyers at Shealey Law Firm explain the difference and which is worse.
What Is a DUI Charge in South Carolina?
A DUI charge in South Carolina is driving under the influence. It is operating a motor vehicle while materially and appreciably impaired by the consumption of alcohol, drugs, or a combination of both. A person can be convicted of DUI with a blood alcohol content above or below .08, if they operated a vehicle while impaired by alcohol or drugs.
The South Carolina DUI law is S.C. Code § 56-5-2930.
What Is a DUAC Charge in South Carolina?
DUAC is driving with an unlawful blood alcohol content. It doesn’t matter if the person is not impaired, even slightly. If a person operates a motor vehicle while their blood alcohol content is .08 or more, they are in violation of the South Carolina DUAC law.
Note: The DUAC law in South Carolina applies only to alcohol. The state has not established a legal limit for marijuana or other drugs.
The South Carolina DUI law is S.C. Code 56-5-2933.
What Is the Key Legal Difference Between DUAC and DUI in SC?
The key legal difference between DUAC and DUI is impairment vs. chemical testing.
Impairment – DUI
DUI focuses on driver impairment. The chemical test result is evidence of impairment, but it does not, by itself, prove guilt. One person may be impaired at a certain alcohol level, while another person may show no signs of physical or mental impairment.
Key questions for a DUI case are:
- Was there poor driving?
- Were field sobriety tests standardized? Were they performed correctly? What were the results?
- Did the person smell of alcohol? Did they have bloodshot eyes?
- Were there other signs of impairment, like poor coordination? Are there other things, like medical conditions, that might explain these observations?
- Is there evidence that the person consumed alcohol or drugs?
An experienced attorney should understand how to scrutinize the law enforcement investigation. Even though drunk driving investigations are common, they are technically and scientifically complex. A law enforcement officer may make critical errors. Knowing how to identify these errors and raise them in defense can be key to the outcome of the case.
Chemical testing – DUAC
A DUAC charge focuses on the validity of the chemical test. Since it doesn’t matter whether the alcohol influences the person’s ability to drive or not, the case doesn’t focus on field sobriety tests or police dash cam video.
Instead, the validity of the chemical test is key. Important questions are:
- Was the test administrator qualified?
- Did the testing instrument receive regular validity testing and maintenance?
- Did the person administer the test correctly?
- Was there time between driving and testing that may have affected results?
- Is the testing instrument reliable, in general?
- Are there external factors , such as regurgitation, that may influence test validity?
An experienced attorney should be familiar with chemical testing instruments and procedures. The attorney should evaluate the test, looking for reasons that the results may be unreliable.
Notes: Even though the chemical test result isn’t conclusive for a DUI conviction, it matters for sentencing. A person with a higher blood alcohol content (.10 or greater) faces higher penalties than a person with a lower blood alcohol content.
Can You Be Charged With Both DUAC and DUI in South Carolina?
No. South Carolina law requires prosecutors to charge one or the other. You can’t be charged with both DUAC and DUI in South Carolina, according to S.C. Code § 56-5-2933(I).
How Do Penalties Compare Between DUAC and DUI in South Carolina?
Penalties for DUAC and DUI in South Carolina depend on the person’s blood alcohol content and whether they have prior drunk driving convictions.
| Blood 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 |
*You may do community service instead of jail. But the court can’t require it.
DUI and DUAC Sentencing in South Carolina
A sentence may also include driver’s license suspension, restitution, an ignition interlock device, and substance abuse treatment. Each sentence is individual, so your sentencing hearing is important.
Will a DUAC or DUI Show Up on Your Criminal Record in South Carolina?
Yes. DUAC and DUI are criminal offenses. They may impact your employment, volunteering, military service, driving privileges, immigration status, community reputation, and more.
Which Charge Should You Fight, DUAC or DUI in Columbia, SC?
You should fight both DUAC and DUI charges in Columbia, SC. Drunk driving charges are complex and technical. The investigating officer may be poorly trained, inexperienced, complacent, lacking resources, rushed, or unwilling to follow protocol. An experienced lawyer can use their knowledge and experience to fight for you.
Contact an Experienced Columbia DUI Defense Lawyer
Shealey Law Firm represents people facing DUAC and DUI charges. Connect with a lawyer and get legal help today.