Facts About Driving With An Unlawful Alcohol Concentration In Spartanburg, SC

Most everyone is familiar with the fact that the charge of DUI means that you’re driving under the influence and typically this is with alcohol. Not everyone is familiar with the crime of DUAC. This is driving with an unlawful blood alcohol concentration. There are some specific differences between this charge and receiving a charge of DUI. Here we’ll take a look at some facts about driving with an unlawful alcohol concentration in Spartanburg, SC.

Understanding How South Carolina Law Is Somewhat Different With Alcohol-Related Driving Offenses From Other States

In many other states across the country, the courts will use blood alcohol content as the main evidence required to prove that someone was driving or operating a vehicle impaired. This is not the case in South Carolina. In Spartansburg and throughout the state if someone receives a charge of DUI then the officer will need to provide additional proof that the driver was actually too impaired to control the vehicle safely. If, on the other hand, the individual has a charge of DUAC then if the blood alcohol content is high enough then a jury or judge can infer that the driver was impaired.

This means that with the charge of DUAC no further proof of impairment is required. As long as the officer can demonstrate that the individual tested with a blood alcohol content greater than .08% then the officer can charge the individual with DUAC which allows the court to infer impairment. This is a legal difference that is important.

A DUI Does Not Carry Any Presumption Of Impairment

South Carolina and the City of Spartanburg wanted to be stricter on those who were driving under the influence of alcohol. Because the DUI law did not have the presumption of impairment built into the law then it was necessary to create a different law that would allow someone that was clearly over the legal limit to be considered impaired even when there was no other evidence of it. This means that if the police officer were to give the individual a charge of DUI but they couldn’t show any other evidence that the individual was impaired then it wouldn’t be sufficient for a conviction.

Because there is no presumption of impairment the police officer would have had to witness the driver handling the vehicle improperly or the individual would have had to fail the roadside test or some other evidence that would be sufficient and would add to the BAC evidence. With the charge of DUAC, the only thing the police officer has to provide is the breathalyzer or blood test that shows that the individual had a blood alcohol content greater than .08%. Even if the individual was able to pass a roadside test and they showed no signs of impairment with their driving, the court could still find them guilty of the crime.

Because South Carolina has made it clear that it is unlawful to operate a vehicle with a blood-alcohol content greater than .08% it prosecutes these cases to the fullest extent. This means that a conviction even when it’s a first offense can result in hundreds of dollars in fines and no less than 2 days in jail. The court might also decide to compel the individual to do some public service work in place of jail time.

Call (864) 641-6431 to talk to our Spartanburg DUAC defense lawyer about what you can do now to protect your rights and reputation. Get Started with a Free Consultation

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