Understanding What Happens When You Have A First Offense DUI Or DUAC In Spartanburg, SC
In Spartanburg or anywhere in the state of South Carolina if it is found that you are driving while intoxicated you can be charged with a DUI or a DUAC which means driving with an unlawful alcohol concentration. If it is found that your ability to drive and properly control your vehicle is impaired then even when your blood alcohol is less than .08% you can still be charged with the driving under the influence. Here we will help you to understand what happens when you have your first offense DUI or DUAC in Spartanburg, SC.
What Criteria Is Used For A Charge Of DUI?
If a person is under the influence of drugs or alcohol then they shouldn’t operate a vehicle in the state. If their ability is impaired in any way then they should refrain from driving. If the individual has alcohol in their system that registers at .08% or higher, then they are legally too drunk to drive. In Spartanburg and throughout the state if someone registers between .05% and .08% and there is additional evidence that demonstrates the individual is impaired, then that is enough for a charge and potential conviction.
What Is A DUAC And How Is It Different?
The state of South Carolina has decided to really clamp down on drunk drivers. As part of this, they have enacted the DUAC statute. Within this law is the ‘per se’ clause which allows for a conviction even when there’s no direct evidence of impairment. To be charged with a DUI you need to have a high enough blood alcohol content and the officer needs to demonstrate how you were shown to be impaired.
When you receive a charge of DUAC then the only proof needed is that you have a blood alcohol content of .08% or above. The police officers do not have to show any evidence that you are impaired. You may be able to successfully navigate the roadside test or other means that the officer might use but under this charge, those things are not necessary. The officer only needs to show that your blood alcohol content was at a level too high to drive.
How Do The Penalties Work?
The penalties for either of these charges are very much the same. You can get fines that range anywhere from a low of $400 up to a high of around $1,000. For a first offense, you can get jail time anywhere from a couple of days up to three months. Your license can be suspended for six months.
The judge can use a variety of circumstances and facts presented to the court when sentencing. Under some circumstances, the judge may see fit to use these circumstances and facts to enhance or further increase the sentence. If your blood alcohol content was found to be .10% or .16%, these each have increased penalties for their higher levels.
If you had an accident while driving intoxicated and someone was hurt seriously or they died then the charges and the penalties could be more significant. Even in the case where you had a passenger or a child in the car could result in added charges. If the child is under the age of 16 then you could get a conviction of child endangerment.