When most people think of a DUI (driving under the influence), they assume it only applies if their blood alcohol concentration (BAC) exceeds the legal limit of 0.08%. However, the reality is more complex. In South Carolina, it is possible to be arrested and charged with DUI even if your BAC is below the legal limit. Here’s what you need to know about DUI laws in the Palmetto State and how a BAC below 0.08% can still lead to serious legal consequences.
DUI Isn’t Just About BAC
In South Carolina, you can be arrested for DUI if law enforcement officers believe that your ability to drive is impaired by alcohol, drugs, or a combination of both, regardless of your BAC. This is because DUI charges in the state are not solely based on BAC levels; they also focus on whether your driving abilities were compromised.
Driving Impairment vs. BAC
While a BAC of 0.08% or higher is considered evidence of impairment, a driver can still be arrested if an officer determines that their ability to safely operate a vehicle is affected by alcohol or other substances. Law enforcement officers may consider factors such as:
- Erratic Driving: Swerving, speeding, or failing to obey traffic signs can suggest impairment.
- Field Sobriety Tests: These are used to assess coordination, balance, and the ability to follow instructions. Failure to perform well on these tests can lead to an arrest, even if your BAC is under the legal limit.
- Physical Signs of Impairment: Officers may observe signs like bloodshot eyes, slurred speech, or difficulty walking, which could indicate impairment even without an elevated BAC.
Zero Tolerance for Drugs
In South Carolina, it’s also important to note that driving under the influence of drugs, whether prescription, over-the-counter, or illegal, can lead to DUI charges. Officers may arrest you for DUI if they suspect your driving is impaired by any substance, regardless of your BAC. South Carolina has a strict “drugged driving” policy, and a BAC under the legal limit doesn’t provide immunity from arrest or conviction.
Implied Consent Law
South Carolina’s Implied Consent Law means that if you’re pulled over and suspected of DUI, you are required to submit to a chemical test (blood, breath, or urine). Refusing to take the test can result in automatic penalties, including a six-month driver’s license suspension. Even if your BAC is below 0.08%, refusing the test can lead to serious consequences.
Potential Penalties
Even if your BAC is below 0.08%, being convicted of DUI in South Carolina can result in:
- Fines: You could face significant fines, especially if your BAC is close to the legal limit.
- License Suspension: Even with a lower BAC, your license can be suspended for a period of time.
- Increased Insurance Rates: A DUI conviction can cause your insurance premiums to rise, and your insurer may label you a high-risk driver.
- Criminal Record: A DUI conviction can result in a criminal record, which may affect your job prospects and personal reputation.
Fighting a DUI Charge with an Experienced Attorney
If you’ve been arrested for DUI in South Carolina, even with a BAC below the legal limit, it’s critical to consult an experienced DUI defense attorney. A skilled lawyer can challenge the evidence, including field sobriety test results and the circumstances surrounding your arrest. In some cases, a strong defense may result in reduced charges or a dismissal of the case.
While a BAC below the legal limit may seem like a safeguard against DUI charges, South Carolina law allows for DUI arrests and convictions based on impairment alone. If you are facing a DUI charge in Upstate South Carolina, Austin McDaniel can help you understand your rights and guide you through the legal process. Contact us today to schedule a consultation and protect your future from the serious consequences of a DUI conviction.