South Carolina takes drinking and driving very seriously, and during the warmer months, it’s common for the state to crack down on potential DUIs. But did you know that driving under the influence isn’t the only charge you could face? The state can also charge people with driving with an unlawful alcohol concentration (DUAC). This charge is similar to standard DUI charges, but it works in a different way. Your South Carolina DUI defense attorney wants you to understand the key differences between these two charges. Let’s take a closer look.
What Is DUI?
Being charged with a DUI means you drove under the influence of alcohol or other substances in high enough levels that your abilities were impaired. Typically, officers will pull drivers over for suspected DUI if they:
- Notice the driver breaking the rules of the road
- Witness erratic driving
- Notice aggressive behavior behind the wheel
- Are at a designated DUI checkpoint
The key to this charge is that your ability to drive is impaired, meaning your normal skills behind the wheel are not as good as they should be. Impaired drivers often threaten the safety of others on the road, which is why the state takes these charges so seriously.
What Is DUAC?
If you’re charged with DUAC, it means that your blood alcohol concentration is over the legal limit. It doesn’t take into consideration whether your ability to drive was impaired, meaning even those who are driving safely and who are following the rules of the road can be charged with DUAC. Their BAC level just has to be above the legal limit of 0.08 or higher.
With these charges, the state does not have to prove that you drove recklessly or actively endangered others on the road.
The Penalties for DUAC
DUACs are considered misdemeanor offenses, which means their penalties are typically lower than those associated with repeat DUIs or felony DUIs. If you’re convicted of a DUAC charge, you can expect the following penalties:
- Fines of between $400 and $10,000 depending on BAC level and number of prior offenses.
- Jail time of between 48 hours and 7 years depending on BAC level and number of prior offenses.
- Automatic suspension of driver’s license.
- Mandatory ignition interlock on all vehicles you’ll be using.
- Mandatory drug and alcohol treatment program enrollment.
The severity of the punishments you’ll face will depend on the severity of the charges against you. Your South Carolina DUI defense attorney will be able to explain the types of punishments you can expect if convicted based on the details of your case.
How You Can Defend Against DUAC Charges
It is possible to create a defense against DUAC charges with help from an experienced South Carolina DUI defense attorney. The exact strategies you may be able to use will depend on the circumstances surrounding your arrest, but may include the following:
- Questioning the legality of the stop: Officers must have a clear and viable reason for stopping you, especially if you’re not showing signs of impairment. If you were driving responsibly and the officers involved didn’t have grounds to pull you over, you may be able to question the legality of the stop.
- Questioning the maintenance of the equipment: If the officers administered a breath test with equipment that wasn’t properly maintained or calibrated, it could show false or inaccurate results. You may be able to argue that the equipment wasn’t properly maintained to get your charges reduced or dismissed.
Again, your attorney will tailor your defense to your unique case. If you’re interested in the defense strategies you may be able to use, speak with your attorney to learn more.
Schedule a Consultation Today
If you’ve been arrested for DUAC or DUI, the best thing you can do is speak with a South Carolina DUI defense attorney as soon as possible. Contact the team at Truslow and Truslow today to schedule a free consultation.