Lena Savoie
In South Carolina, there is no legal limit for DUI, but you can be charged with driving with an unlawful alcohol concentration (DUAC) if your blood alcohol content (BAC) is .08% or higher. This means that a BAC of .08 or greater is enough evidence to convict a person of DUAC, but not for driving under the influence (DUI) charges, where the state must prove that a person was intoxicated to the extent that their ability to drive was materially and substantially affected, regardless of their BAC level. The legal drinking age in South Carolina is 21 years old, and it is illegal for a licensee to sell or permit alcohol to be sold to a minor.
| Characteristics | Values |
|---|---|
| Legal limit for DUI | No set number |
| Legal drinking age | 21 years |
| Legal limit for drivers under 21 years old | 0.02 BAC |
| Legal limit for most drivers | 0.08 BAC |
| Types of blood alcohol tests | Datamaster (breathalyzer), urinalysis, blood analysis |
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What You'll Learn
DUI charges and limits
In South Carolina, there is no "legal limit" for DUI charges. However, you can still be charged with Driving with an Unlawful Alcohol Concentration (DUAC) if your blood alcohol content (BAC) is 0.08% or higher. This means that even if your BAC is below 0.08%, you can still be charged with DUI if the prosecution can prove that your ability to drive was impaired due to alcohol consumption.
DUI Charges
To be convicted of DUI in South Carolina, the prosecution must prove that the driver's faculties to operate a motor vehicle were materially and appreciably impaired due to alcohol consumption. This means that even if your BAC is below the legal limit for DUAC, you can still be charged with DUI if the prosecution can demonstrate that your driving abilities were significantly affected by alcohol. This can be determined through field sobriety tests, witness testimonies, or other evidence presented in court.
Blood Alcohol Concentration (BAC)
BAC refers to the amount of alcohol present in an individual's blood at the time of driving. It is typically measured through breathalyzer tests, urinalysis, or blood analysis. In South Carolina, the Datamaster DMT machine is used for breathalyzer tests, and these tests are usually administered at the county jail after an individual has been arrested. It's important to note that the legal limit for BAC may vary depending on factors such as age, gender, weight, metabolism, and the amount of food consumed.
Legal Limit for Minors
In South Carolina, it is illegal for individuals under the age of 21 to drive with any detectable amount of alcohol in their system. The legal limit for BAC for minors is set at 0.02%, and violations can result in license suspension and other penalties. This zero-tolerance policy ensures that underage drivers do not operate a vehicle under the influence of alcohol.
Defenses and Considerations
While South Carolina has strict laws regarding DUI and DUAC, it's important to note that there are defenses available. If you believe that the breathalyzer test results are inaccurate or that there were irregularities in the testing process, you can work with an attorney to challenge the evidence. Additionally, factors such as gender, weight, metabolism, and food intake can impact how alcohol is processed by the body, and these variables may be considered in DUI cases.
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Blood alcohol content (BAC) testing
In South Carolina, Blood Alcohol Content (BAC) testing is used to determine the amount of alcohol in a person's blood. The legal limit for BAC in South Carolina is 0.08% for most drivers. However, the state has a zero-tolerance policy for drivers under the age of 21, with a BAC limit of 0.02%. This means that any driver under 21 with a BAC above 0.02% is considered to be in violation of the law.
There are three types of BAC tests used in South Carolina: the Datamaster (breathalyzer), urinalysis, and blood analysis. The Datamaster DMT machine is used for breathalyzer tests, and it first conducts a simulation to test itself before testing the individual's breath sample. The officer may instruct the person to blow harder to obtain a "deep lung" air sample. The machine then multiplies its result by 2,100 to get a BAC result.
While a BAC of 0.08% or higher is sufficient evidence to convict a person of Driving with an Unlawful Alcohol Concentration (DUAC), it is not enough for a Driving Under the Influence (DUI) charge. For a DUI conviction, the prosecution must prove that the person's ability to drive was materially and substantially impaired, regardless of their BAC level. This means that factors such as witness testimonies, sobriety observations, and irregularities in the testing process can also be considered as evidence in a DUI trial.
It's important to note that BAC levels can vary depending on individual factors such as gender, weight, metabolism, and tolerance. Men tend to absorb alcohol faster than women, resulting in higher BAC readings. Additionally, an individual's weight can impact their BAC level, with heavier individuals typically having lower BAC readings compared to lighter ones when consuming the same amount of alcohol.
In conclusion, while BAC testing plays a significant role in determining alcohol consumption levels in South Carolina, it is just one piece of evidence considered in DUI cases. The legal limit for BAC may vary depending on age, and other factors can influence how alcohol affects an individual's driving abilities.
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Drinking age and minors
In South Carolina, the legal drinking age is 21 years old. There are exceptions for minors over 18 who are consuming alcohol for employment purposes, educational courses, and religious ceremonies. It is unlawful to give beer, wine, or alcoholic liquors to someone under 21 for the purpose of consumption. A violation of this law is a misdemeanor punishable by a fine of $200-$300 for a first offense and $400-$500 for a second offense, and up to 30 days in jail.
These laws do not apply to parents and children in their own home, to liquor provided in connection with religious ceremonies, or to minors 18 years or older who are taking higher-education cooking classes or serving or removing alcohol for their work. For example, an employee of a retail liquor establishment must be at least 21 years of age.
It is illegal for a person under 21 to drive with any level of bodily alcohol content. South Carolina has a cutoff of 0.02% bodily alcohol content for those under 21, which is considered a violation of the law. A violation is punishable by a license suspension for three months for a first offense and six months for a second offense. The driver may also be charged with minor in possession if appropriate.
The legal limit for most drivers in South Carolina is 0.08% BAC. However, for drivers under 21 years old, the legal limit is 0.02% BAC. This means that any driver under 21 with a BAC above 0.02% is considered to be in violation of the law, regardless of whether their driving abilities were impaired.
In South Carolina, social hosts who knowingly serve alcohol to a minor under 21 may be liable for any harm that results. For example, if underage alcohol consumption is an underlying cause of a car accident, slip and fall, or assault and battery, the party who provided the alcohol may be liable to pay damages for those injuries.
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Penalties for drunk driving
In South Carolina, the penalties for drunk driving depend on several factors, including the driver's blood alcohol content (BAC), prior convictions, and the specific circumstances of the incident. Here is an overview of the penalties for DUI (Driving Under the Influence) and DUAC (Driving with an Unlawful Alcohol Concentration) convictions:
First DUI/DUAC Offense:
For a first DUI or DUAC conviction, the penalties can include a fine of up to $400 ($992 with assessments and surcharges) and/or imprisonment of 48 hours to 30 days. Additionally, there will be a suspension of the driver's license for six months.
Second DUI/DUAC Offense:
A second DUI or DUAC offense can result in a fine ranging from $2,100 to $5,100 and imprisonment from five days to one year. The driver's license will also be suspended for one year, and a two-year ignition interlock device (IID) requirement may be imposed. The penalties vary depending on the specific BAC level.
Third DUI/DUAC Offense:
For a third DUI or DUAC conviction, the penalties increase further. The fine ranges from $3,800 to $6,300, and imprisonment can be from 60 days to three years. The driver will also face a three-year IID requirement. Similar to the second offense, the penalties vary based on the specific BAC level.
Fourth or Subsequent DUI/DUAC Offense:
A fourth or subsequent DUI or DUAC conviction carries even more severe penalties. The offender can be imprisoned for one to five years, and their driver's license will be permanently revoked. The specific BAC level will also impact the sentencing within this range.
Refusal to Submit to BAC Testing:
It is important to note that South Carolina has an implied consent law, which means that anyone driving in the state is considered to have given consent for BAC testing if suspected of drunk driving. Refusing to submit to a BAC test can result in an automatic suspension of driving privileges. For individuals 21 or older, the suspension is for 90 days, while it is 180 days if there is a prior alcohol-related conviction within the preceding ten years.
Open Container Laws:
South Carolina also has laws prohibiting open containers of alcohol in a moving vehicle. Having an open container of beer, wine, or liquor in the passenger area of a vehicle is illegal and can result in a fine of up to $100 or imprisonment for up to 30 days.
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Defending against DUAC charges
In South Carolina, there is no "legal limit" for DUI charges. However, you can be charged with Driving with an Unlawful Alcohol Concentration (DUAC) if your blood alcohol content (BAC) is 0.08% or higher. This is a serious drunk-driving charge, and it is treated separately from a DUI charge.
DUAC charges can be defended and evidence can sometimes be suppressed. Here are some strategies that a defence attorney may use:
- Probable Cause: Without probable cause to pull you over, any evidence collected may be suppressed. For example, in South Carolina, drivers cannot be charged with DUAC after failing a test at a DUI roadblock because probable cause to administer the test was not established.
- Breathalyzer Test Results: Your attorney may be able to argue that the breathalyzer test results are incorrect, based on data from the SLED's Datamaster database, expert testimony about the operation of the Datamaster machine, or an independent BAC test.
- Irregularities with Blood Alcohol Test: If your attorney can show that the officer did not follow SLED policy or if there were irregularities with the blood alcohol test, the results may be excluded from the trial.
- Videotape Law: If the officer did not comply with South Carolina's mandatory videotape law, your case could be dismissed before it reaches trial.
- Expert Testimony: Prosecutors may be reluctant to bring DUAC cases because they can become a battle of the experts. If your attorney can get the BAC results excluded, the prosecutor may need to bring in their own Datamaster expert for the trial to counter your arguments.
If you have been charged with DUAC in South Carolina, it is important to consult with a criminal defence attorney or DUI defence lawyer as soon as possible to discuss your specific case and explore potential defence strategies.
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Frequently asked questions
There is no legal limit for DUI in South Carolina, but you can be charged with "driving with an unlawful alcohol concentration" (DUAC) if your blood alcohol content (BAC) is 0.08% or higher.
In South Carolina, the police do not use PBTs (portable breath tests) on the roadside as they do in some other states. This means that people are usually arrested before they take the breathalyzer test, which is offered at the county jail.
The legal drinking age in South Carolina is 21 years old. It is a misdemeanor for anyone under 21 to purchase or knowingly possess any alcoholic beverage.
It is illegal for a licensee to knowingly sell or permit the sale of alcohol to a minor in South Carolina. A licensee may face suspension and have their beer, wine, or liquor license automatically revoked.
