If you’ve been charged with a DUI or DUAC in South Carolina, it’s crucial to understand the distinction between these two offenses. While both involve impaired driving, they differ in how impairment is determined and the legal implications for each. This guide breaks down the key differences to help you navigate your case with clarity.
What Is DUI?
DUI stands for “Driving Under the Influence.” Under South Carolina law (S.C. Code § 56-5-2930), you can be charged with DUI if:
- You operate a motor vehicle.
- Your faculties to drive are “materially and appreciably impaired” due to alcohol, drugs, or a combination thereof.
In a DUI case, the prosecution must prove that your ability to drive was significantly impaired by substances. This can be established through evidence such as field sobriety tests, officer observations, and breathalyzer or blood test results.
What Is DUAC?
DUAC stands for “Driving with an Unlawful Alcohol Concentration.” According to S.C. Code § 56-5-2933, you can be charged with DUAC if:
- You operate a motor vehicle.
- Your blood alcohol concentration (BAC) is 0.08% or higher.
Unlike DUI, DUAC does not require proof that your driving was impaired. If your BAC is above the legal limit, you can be charged with DUAC, regardless of how well you were driving. This is often referred to as a “per se” offense.
Key Differences at a Glance
| Aspect | DUI (Driving Under the Influence) | DUAC (Driving with Unlawful Alcohol Concentration) |
| Impairment Required | Yes – must be materially and appreciably impaired | No – BAC of 0.08% or higher is sufficient |
| Proof Needed | Evidence of impaired driving (e.g., field tests) | BAC test results (breath, blood, or urine) |
| Legal Standard | Ability to drive safely is compromised | BAC exceeds legal limit |
| Typical Evidence | Officer testimony, field sobriety tests, BAC tests | BAC test results |
It’s worth noting that many DUI and DUAC cases hinge on breathalyzer results. To understand the risks and possible benefits of refusing, visit our resource: When You Choose to Refuse.
Penalties for DUI and DUAC
Both DUI and DUAC convictions carry serious penalties in South Carolina, including:
- Fines: Ranging from $400 to over $10,000, depending on the offense and BAC level.
- License Suspension: Typically 6 months for a first offense.
- Jail Time: Varies based on offense severity and prior convictions.
- Alcohol Education Programs: Mandatory for many offenders.
- Ignition Interlock Device: Required in certain cases.
It’s important to note that DUAC charges are not considered lesser offenses than DUI.
Defenses Against DUI and DUAC Charges
While challenging a DUI or DUAC charge can be complex, several potential defenses may apply:
- Improper Traffic Stop: If the officer did not have a valid reason to stop your vehicle.
- Faulty BAC Testing: Issues with the calibration or administration of breathalyzer or blood tests.
- Violation of Rights: Failure to inform you of your rights before testing.
- Medical Conditions: Certain health issues can affect BAC readings.
Given the serious consequences of a conviction, it’s essential to consult with an experienced DUI attorney to explore all possible defenses.
Why Understanding DUI vs DUAC Matters in South Carolina
Understanding the difference between DUI and DUAC in South Carolina is crucial if you’re facing impaired driving charges. While both offenses involve operating a vehicle under the influence, DUI focuses on impairment, whereas DUAC is based solely on BAC levels. Both charges carry significant legal consequences, making it essential to work with an experienced attorney to protect your rights and navigate the legal process effectively.
How an Experienced DUI Attorney Can Help
If you or someone you know is facing DUI or DUAC charges in South Carolina, contacting Austin McDaniel Law can make a difference. We will review the details of your case and develop a tailored defense strategy to help you achieve the best possible outcome.