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.

SC DUI laws

SC DUI Laws

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.

FAQ About SC DUI Laws

Should I Refuse the Breathalyzer?

You have the right to refuse the breathalyzer, and, in most cases, it is in your best interest to refuse. You may be arrested and the refusal itself may have consequences such as an immediate license suspension. Despite this, you will most likely have a better case when it is time to appear in court.

Do I Have to Request a Jury Trial in Writing?

If you are charged with DUI or DUAC first offense in SC’s magistrate or municipal courts, you will need to request a jury trial in writing before your initial court date found on your blue ticket.

If you are charged with DUI or DUAC second, third, fourth, or subsequent offense, or felony DUI, your case will be in General Sessions Court. You will not need to request a jury trial in writing, but you will have two roll call dates that you must attend – unless your attorney gets you excused, they will issue a bench warrant for your arrest if you miss these court dates.

Can You Get My DUI Charges Dismissed?

We get many DUI and DUAC charges dismissed on behalf of our clients, others have been reduced or rewritten to a minor traffic offense as part of plea negotiations, and we have won acquittals at trial for other clients.

We cannot guarantee a result in any particular case, however – the outcome will depend on the unique circumstances of your case, including whether the officer made mistakes during the arrest, whether the videotape of the arrest is complete, your performance on the videotape, whether there were any alleged victims in the incident, and our ability to get the videotape or BAC results excluded at your trial.

What’s the Difference Between DUI and DUAC?

DUI requires proof that your ability to drive was materially and appreciably impaired – regardless of the breathalyzer result.

DUAC requires proof that your BAC was .08 or greater – regardless of whether your ability to drive was materially and appreciably impaired.