Getting pulled over for drunk driving in South Carolina can be a confusing and terrifying experience. Even more so when the officer mentions a DUAC charge instead of a DUI. Most people have heard of a DUI, but is there a difference between DUI vs DUAC? It’s a critical difference, especially when you are facing legal consequences. Understanding the DUAC vs DUI distinction is the first step toward building a strong defense.
Both a DUI (Driving Under the Influence) and a DUAC (Driving with an Unlawful Alcohol Concentration) in South Carolina are serious traffic violations that carry life-altering penalties. They are often used interchangeably, but they are not the same thing.
One focuses on your impairment, while the other is strictly about your blood alcohol concentration (BAC). It’s a subtle but important difference in how the prosecution proves their case. We encourage you to seek guidance from an experienced Greenville DUI attorney to understand your rights and legal options.
What is Driving Under the Influence (DUI)?
Driving Under the Influence, or DUI, is the classic drunk driving charge. In South Carolina, a DUI is when a person drives a motor vehicle while impaired by alcohol or drugs to the point that their ability to drive is “materially and appreciably impaired.” The prosecution doesn’t necessarily need a specific blood alcohol concentration to get a conviction. Instead, they must prove that you were too impaired to drive safely.
How is a DUI Proven?
A police officer will use multiple pieces of evidence to prove impairment. This can include their observations of your driving, such as swerving, speeding, or running a stop sign. Once you are pulled over, the officer will look for signs of impairment like slurred speech, the smell of alcohol, or fumbling for your license and registration.
The officer may also ask you to perform field sobriety tests, which are designed to measure your coordination and attention. These tests, like the walk-and-turn test or the one-leg stand, are key pieces of evidence. If an officer has probable cause to believe you are impaired, they will arrest you.
After the arrest, the officer will likely request a breath test or blood test to determine your blood alcohol content (BAC) level. Even if your BAC level is below the legal limit of 0.08%, you can still be charged with a DUI if there is enough other evidence of impairment.
Learn More: What is the Blood Alcohol Concentration limit in SC?
What is Driving with an Unlawful Alcohol Concentration (DUAC)?
A DUAC charge, or driving with an unlawful alcohol concentration, is based on a strict liability standard. This means the prosecution does not have to prove that your driving was impaired. The only thing they need to prove is that you were driving a vehicle with a BAC of 0.08% or higher.
How is a DUAC Proven?
The prosecution’s case for a DUAC conviction hinges almost entirely on the result of a chemical test, such as a breath test or blood test. They must prove that your bodily alcohol content was at or above the legal limit at the time of driving. This is often referred to as a “per se” offense—the act of driving with a specific BAC is illegal in and of itself, regardless of whether your driving abilities were affected.
Because of this, challenging the accuracy and administration of the chemical testing equipment and the way a police officer administered the test is a key part of a DUAC defense. A trained DUI attorney will look at the police protocols and the qualifications of the officer who administered the tests to find weaknesses in the prosecution’s case.
DUAC vs DUI Penalties: Are They the Same?
This is a common point of confusion. Many people think a DUAC conviction is a “lesser” charge, but in South Carolina, the penalties for a DUAC conviction are exactly the same as for a DUI.
Both are serious criminal offenses and carry identical fines, jail time, and license suspensions. A conviction for either offense can have a lasting impact on your life, including a criminal record that is not eligible for expungement.
Penalties for a First Offense:
- Fines and Jail: A first offense can result in a fine of up to $400 and between 48 hours and 30 days in jail, or 48 hours of community service instead of jail.
- License Suspension: Your driver’s license will be suspended for a period of six months.
- Alcohol and Drug Safety Action Program (ADSAP): You will be required to enroll in and complete an Alcohol and Drug Safety Action Program. This program includes an alcohol and drug assessment, education, and potentially, treatment.
- Emma’s Law: Under Emma’s Law, which was enacted in 2014, if your blood alcohol level is 0.15% or higher, or if you refuse the breath test, you must have an ignition interlock device installed in your vehicle for at least six months to be able to drive during your suspension period. A DUI & DUAC conviction will also trigger an ignition interlock program even for a first offense with a lower BAC.
For subsequent offenses, the fines and jail sentences become much more severe, and your license suspension periods will be longer.
Related: Learn more about first time DUI charges and how Touma Law Group can help.
The Role of Implied Consent and Your Rights
South Carolina has an implied consent law, which states that by driving on the state’s roadways, you have already given your consent to a chemical test of your breath, blood, or urine if you are lawfully arrested for a DUI or DUAC. Refusing to submit to a breath test or other chemical testing has its own set of consequences under the implied consent statute, including an automatic loss of driver’s license.
You have a right to refuse field sobriety tests, but it’s important to know that refusing to do so does not mean you can’t be arrested. A police officer can still use your actions and their observations as probable cause for an arrest. Refusing a chemical test under the implied consent law can be used as evidence against you in court.
Navigating these consent laws and understanding your consent rights can be confusing. It is vital to seek legal guidance immediately.
Contact: Unsure what to do after a DUI in Greenville? Contact Touma Law Group for your free consultation!
Why You Need a South Carolina DUI Defense Attorney
Whether you are charged with a DUI or DUAC, the prosecution will work to build a case against you. A defense attorney can challenge the evidence.
- Probable Cause: Was the initial traffic stop lawful? An attorney will investigate if the police officer had a valid reason for the stop. If the stop was improper, any evidence collected after that, including the breath test results, might be thrown out.
- Field Sobriety Tests: An attorney will examine whether the National Highway and Traffic Safety Administration (NHTSA) guidelines for the administration of field sobriety tests were properly followed. The tests are difficult to pass even when sober, and improper administration can compromise their validity. An attorney at law can investigate if the police officer has taken courses on field sobriety.
- Chemical Testing: A qualified attorney will scrutinize the administration of the breath test, the calibration of the testing equipment, and the proper handling of any blood testing or other chemical samples. We can challenge the blood alcohol concentration test results and the credibility of the evidence against you.
- Plea Bargains: You may be offered a plea agreement to reduce a DUI charge to a DUAC, but remember that the penalties are identical. It’s crucial to have a criminal defense attorney who can advise you on whether to accept a plea or fight the charges in court.
Related: Can a Plea Deal Reduce a DUI to a Lesser Charge?
Facing a DUAC or DUI charge can be overwhelming, but you do not have to go through it alone. A criminal attorney can make a significant difference in the outcome of your case.
Moving Forward After a DUAC or DUI Charge
If you have been charged with a DUI or DUAC, the first thing you should do is understand your legal situation and options. Both charges in South Carolina are serious and can result in fines, days in jail, and a driver’s license suspension. An attorney can help you understand your rights, challenge the evidence, and work to get the best possible outcome for your case, whether it involves a plea agreement, a reduced charge, or a full acquittal.
Reach out to a fellow attorney at Touma Law Group for a consultation at (864) 618-2323 to discuss the specifics of your case. We can provide you with the legal guidance and support you need to navigate the complexities of the South Carolina legal field.
FAQs
- If the police offer me a DUAC plea deal instead of a DUI, is that a better option? While it may seem like a good idea, a DUAC charge in South Carolina is not a lesser offense. The penalties for a DUAC conviction are exactly the same as for a DUI conviction, including fines, jail time, and license suspension. It is important to remember that both are serious criminal offenses and should be handled with the same level of concern. Contact a Greenville Criminal Defense Attorney as soon as possible.
- What happens if I refuse the breathalyzer or other chemical test? South Carolina’s implied consent law states that by driving, you have agreed to chemical testing if you are lawfully arrested. While you can refuse, it will result in an automatic six-month driver’s license suspension, regardless of whether you are convicted of DUI or DUAC. Your refusal can also be used as evidence against you in court. A skilled defense attorney can challenge the validity of the implied consent warning and the process.
- What is Emma’s Law? Emma’s Law, enacted in 2014, requires a mandatory ignition interlock device (IID) to be installed in the vehicle of any driver convicted of a DUI who had a blood alcohol concentration (BAC) of 0.15% or higher or who refused a breath test. This device prevents the car from starting if it detects alcohol on the driver’s breath, and it is a key part of South Carolina’s effort to reduce drunk driving.
