SC DUI Laws

SC DUI laws include several different types of DUI offenses, each with different elements – what needs to be proven for a conviction – and different degrees of punishment.

The most common impaired driving offense in SC DUI laws is “traditional” driving under the influence (DUI). In a traditional DUI case, the state must prove 1) that you were driving and 2) that your ability to drive was materially and substantially impaired by alcohol or drugs.

Despite what you see in television ads or billboards paid for by the state and by special interest groups, it is not illegal in South Carolina to drink and drive.

If you have been charged with DUI, the state must prove beyond a reasonable doubt that, while driving, you were intoxicated to the point that your ability to drive was materially and substantially impaired.

Other commonly charged DUI-related offenses found in SC DUI laws include DUAC (driving with an unlawful alcohol concentration), felony DUI, and implied consent violations.

Driving Under the Influence (DUI) in SC

SC’s driving under the influence law is found in SC Code Section 56-5-2930. The state must prove that a defendant was:

1. Driving a motor vehicle within the State,
2. While under the influence of alcohol or other drugs,
3. To the extent that their faculties to drive are materially and appreciably impaired.

How do they prove DUI?

The state will typically attempt to prove a DUI offense with breathalyzer or blood test results, the arresting officer’s testimony about any field sobriety tests that were conducted on the roadside, the officer’s testimony as to their observations, the officer’s dashcam video and bodycam videos, eyewitness testimony, and any incriminating statements that you made.

Unless it is excluded from evidence, the prosecutor will show the roadside video to jurors – which could be helpful to your case or could be damaging to your case, depending on how you performed and whether there is a reasonable explanation for poor performance.

In drug cases, the state will ordinarily have to bring a toxicologist to testify as to the levels of drugs that were found in the blood sample and what their effects on the body would be at those levels.

Driving with an Unlawful Alcohol Concentration (DUAC)

Driving with an unlawful alcohol concentration (DUAC) is South Carolina’s per se statute, found in SC Code Section 56-5-2933.

Although other evidence of intoxication is still admissible in a DUAC case, the state only needs to prove that your blood alcohol content (BAC) is .08 or greater to get a conviction.

This means that, if you refuse the breathalyzer or blood tests, you won’t be charged with DUAC. If you are charged with DUAC, the same defenses that apply to a traditional DUI are still available to you. You can still challenge the admissibility and the accuracy of the breath or blood test results, you can introduce evidence of sobriety, and the videotaping requirements still apply.

In many DUAC cases, “the fight” is in getting your BAC (blood alcohol content) test results excluded from trial or challenging the reliability and accuracy of the BAC results, which may require expert witnesses on both sides of the case.

Driving Under the Influence (DUI) in SC

SC’s driving under the influence law is found in SC Code Section 56-5-2930. The state must prove that a defendant was:

1. Driving a motor vehicle within the State,
2. While under the influence of alcohol or other drugs,
3. To the extent that their faculties to drive are materially and appreciably impaired.

How do they prove DUI?

The state will typically attempt to prove a DUI offense with breathalyzer or blood test results, the arresting officer’s testimony about any field sobriety tests that were conducted on the roadside, the officer’s testimony as to their observations, the officer’s dashcam video and bodycam videos, eyewitness testimony, and any incriminating statements that you made.

Unless it is excluded from evidence, the prosecutor will show the roadside video to jurors – which could be helpful to your case or could be damaging to your case, depending on how you performed and whether there is a reasonable explanation for poor performance.

In drug cases, the state will ordinarily have to bring a toxicologist to testify as to the levels of drugs that were found in the blood sample and what their effects on the body would be at those levels.

Driving with an Unlawful Alcohol Concentration (DUAC)

Driving with an unlawful alcohol concentration (DUAC) is South Carolina’s per se statute, found in SC Code Section 56-5-2933.

Although other evidence of intoxication is still admissible in a DUAC case, the state only needs to prove that your blood alcohol content (BAC) is .08 or greater to get a conviction.

This means that, if you refuse the breathalyzer or blood tests, you won’t be charged with DUAC. If you are charged with DUAC, the same defenses that apply to a traditional DUI are still available to you. You can still challenge the admissibility and the accuracy of the breath or blood test results, you can introduce evidence of sobriety, and the videotaping requirements still apply.

In many DUAC cases, “the fight” is in getting your BAC (blood alcohol content) test results excluded from trial or challenging the reliability and accuracy of the BAC results, which may require expert witnesses on both sides of the case.