DUI vs. DUAC Charges in South Carolina: Key Differences and Defense Strategies

When you are arrested for drinking and driving in South Carolina, you may be surprised to see either a DUI (Driving Under the Influence) or a DUAC (Driving with an Unlawful Alcohol Concentration) on your citation. Many people assume these are the same charge, but they are defined by entirely different statutes. A DUI falls under S.C. Code Ann. § 56-5-2930, while a DUAC is governed by S.C. Code Ann. § 56-5-2933. The penalties-fines, license suspensions, ADSAP requirements, and potential jail time-are identical for both. However, the exact evidence the prosecutor needs to convict you is different. Understanding whether you are fighting a DUI or a DUAC is the first step in building a strong defense, and connecting with a lawyer through our US Lawyers Directory can help protect your future.

Understanding Driving Under the Influence (DUI)

To convict you of a DUI, the State of South Carolina must prove two things: that you were driving a motor vehicle, and that your ability to drive was 'materially and appreciably impaired' by alcohol, drugs, or a combination of both.

The Focus on Actual Impairment

In a DUI case, the prosecutor's focus is on your physical and mental state. They will highlight bad driving (swerving, speeding), slurred speech, bloodshot eyes, and poor performance on Field Sobriety Tests (FSTs). You can be convicted of a DUI even if you refused the breath test, or even if your Blood Alcohol Concentration (BAC) was below a 0.08%. If the officer's dashcam video shows you stumbling and failing tests, a jury might find you guilty of DUI based solely on circumstantial evidence of impairment, consistent with precedent like State v. Gordon, 414 S.C. 94 (SC Supreme Court 2015).

Understanding Driving with an Unlawful Alcohol Concentration (DUAC)

A DUAC charge completely removes the 'impairment' debate. A DUAC is what is known as a 'per se' offense. It only requires the state to prove that you were driving and that your BAC was 0.08% or higher.

Why No Proof of Impairment is Needed

Under a DUAC, the prosecutor does not care if you drove perfectly, spoke clearly, and passed all the Field Sobriety Tests like a gymnast. If the DataMaster DMT breathalyzer machine prints out a ticket showing your BAC was 0.08% or above, you are legally guilty of a DUAC. Because it relies entirely on the scientific results of the breath or blood test, fighting a DUAC requires attacking the machine, the calibration records, and the procedures used by the officer, rather than arguing about how sober you looked on camera.

Why Prosecutors Choose One Charge Over the Other

Officers and prosecutors choose the charge based on the available evidence. If you refuse the breath test, they must charge you with a DUI because they have no numerical BAC to support a DUAC. If you take the breath test and blow a 0.12%, they will often charge you with a DUAC because it is generally easier to prove to a jury-all they need is the printout from the machine. Sometimes, prosecutors will originally charge a DUI but offer to amend it to a DUAC as part of a plea deal, although the criminal record consequences are effectively the same.

Step-by-Step Defense Strategies

Defending against these charges in courts like the Lexington County Magistrate Court, Lexington or the Horry County Magistrate Court, Conway requires targeted legal maneuvers.

Step 1: Reviewing the Breath or Blood Test (For DUAC)

If you are facing a DUAC, your lawyer's first goal is to suppress the breath test. They will subpoena the maintenance logs of the specific DataMaster DMT machine used. If the machine was not calibrated according to state standards, or if the officer failed to observe you for a full 20 minutes before the test, the BAC result can be thrown out, destroying the state's entire DUAC case.

Step 2: Evaluating the Traffic Stop and Video (For DUI)

If you are facing a DUI, the focus shifts to the dashcam video. Your attorney will analyze the footage to prove that you were not 'materially impaired.' They will point out that you pulled over safely, provided your license without fumbling, and communicated clearly. They will also look for violations of South Carolina's mandatory DUI video recording laws, which can lead to an automatic dismissal.

Step 3: Fighting the Administrative License Suspension

Regardless of the charge, if you blew over a 0.15% or refused the test, you will face an immediate license suspension and receive Form Notice of Suspension, South Carolina, SLED, Notice of Suspension. Your lawyer must quickly request an administrative hearing with the South Carolina Office of Motor Vehicle Hearings, Columbia to get you a Temporary Alcohol License while you fight the criminal charge.

How Much Do Fines and Penalties Cost?

Whether you are convicted of a DUI or a DUAC, the financial toll is severe. A first offense in South Carolina generally carries a fine of roughly $400 to $1,000, plus massive court assessments that often double the fine amount. Additionally, you will be required to enroll in the Alcohol and Drug Safety Action Program (ADSAP), which costs between $500 and $2,500 out of pocket. You will also face SR-22 insurance mandates, which will cause your auto insurance premiums to skyrocket for three years.

How Long Does the Legal Process Take?

An administrative license hearing with the Office of Motor Vehicle Hearings usually takes place within 30 to 60 days of your arrest. The criminal case for a DUI or DUAC can take anywhere from 6 to 12 months to reach a final resolution or jury trial. If your case is dismissed or you are found not guilty, you can immediately begin the process to have the arrest expunged from your record.

Frequently Asked Questions (FAQ)