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Johnathan MWhat Is DUAC in South Carolina?
DUAC is outlined under South Carolina Code Section 56-5-2933. In simple terms, it’s illegal to drive with a blood alcohol concentration (BAC) of 0.08% or more. Crucially, you need not drive erratically or break any traffic laws to be charged. If your BAC meets or exceeds the limit, that’s sufficient for a DUAC charge.
This charge is classified as a “per se” offense, meaning the BAC reading alone is adequate evidence. Unlike a DUI, the state doesn’t need to demonstrate that your driving was impaired. If the number shows 0.08% or above during testing, you’ve met the criteria for a DUAC.
This is where DUAC and DUI diverge. A DUI charge under SC Code 56-5-2930 mandates proving that your driving faculties were “materially and appreciably impaired.” DUAC sidesteps this requirement, which can make it easier for prosecutors when the BAC reading is clear-cut.
You cannot be prosecuted for both DUI and DUAC for the same incident. The state must choose one charge to pursue. The BAC test must occur within two hours of arrest, and the officer must have had a reasonable basis for the initial traffic stop. These conditions provide avenues for attorneys to challenge the charge.
Penalties for DUAC in Greenville, SC
Penalties under SC Code 56-5-2933 are identical to those for DUI and escalate with the number of prior offenses and the BAC level at the time of the offense. South Carolina employs a tiered BAC system: below 0.10%, between 0.10% and 0.16%, and 0.16% and above.
First Offense DUAC:
BAC below 0.10%: Fine of $400 or 48 hours to 30 days in jail. You may opt for community service instead of the 48-hour jail term.
BAC 0.10%-0.16%: Fine of $500 or 72 hours to 30 days in jail.
BAC 0.16% or more: Fine of $1,000 or 30 to 90 days in jail.
Second Offense DUAC:
BAC below 0.10%: Fine of $2,100 to $5,100 and 5 days to 1 year in jail. At least $1,100 of this fine may be suspended.
BAC 0.10%-0.16%: Fine of $2,500 to $5,500 and 30 days to 2 years in jail.
BAC 0.16% or more: Fine of $3,500 to $6,500 and 90 days to 3 years in jail.
Third Offense DUAC:
BAC below 0.10%: Fine of $3,800 to $6,300 and 60 days to 3 years in jail.
BAC 0.10%-0.16%: Fine of $5,000 to $7,500 and 90 days to 4 years in jail.
BAC 0.16% or more: Fine of $7,500 to $10,000 and 6 months to 5 years in jail.
Fourth or Subsequent Offense DUAC:
BAC below 0.10%: 1 to 5 years in prison.
BAC 0.10%-0.16%: 2 to 6 years in prison.
BAC 0.16% or more: 3 to 7 years in prison.
These minimum penalties cannot be reduced. For second and later offenses, the court must impose at least the minimum sentence. While the judge might allow weekend or nighttime sentencing, the time must be served.
Every DUAC conviction requires you to complete an Alcohol and Drug Safety Action Program (ADSAP). This program is mandatory and paid for by you.
In a first offense scenario, the case might be resolved in magistrates court. Higher BAC or repeat offenses may escalate to the Greenville County General Sessions Court.
How DUAC Cases Are Prosecuted in Greenville County
DUAC cases often begin with a traffic stop based on reasonable suspicion, speeding, lane deviation, defective tail light, or at a sobriety checkpoint.
Post-stop, the officer assesses your behavior, may conduct field sobriety tests, and asks for your consent to a breath test. If the initial test shows an elevated reading, you’re taken for an official DataMaster breath test or a blood draw. The result within two hours of arrest becomes crucial evidence for DUAC prosecution.
South Carolina law mandates video recording at both the incident and breath testing sites under SC Code 56-5-2953. Missing or inconsistent video footage can weaken the state’s case.
DUAC cases in the 13th Judicial Circuit align procedurally with DUI cases. You’ll face arraignment, discovery exchange, and the case might go to trial or result in a plea bargaining.
A prior DUI from another state counts as a previous offense for DUAC sentencing in South Carolina. Former DUI and DUAC convictions from any jurisdiction count against you.
To build a defense that effectively handles the evidence the state presents, working with a DUI Lawyer proficient in the 13th Judicial Circuit is crucial.
Defense Strategies for DUAC
Despite DUAC being a per se offense, it’s not insurmountable. The state needs proof on several fronts to secure a conviction, and each is a target for challenge.
Question the traffic stop: Reasonable suspicion is constitutionally necessary. If the officer lacked lawful grounds, evidence from the stop might be invalid.
Dispute the BAC test result: South Carolina law provides room to contest factors like test timing within two hours of arrest, the certification of the officer, equipment condition, and whether the BAC truly met or exceeded 0.08%.
Evaluate the implied consent process: You should be informed of your implied consent rights verbally before testing. Missteps here furnish grounds to contest the test result.
Analyze video recordings: SC Code 56-5-2953 requires video at both the arrest and breath test sites. Missing or conflicting footage can undermine the case.
Provide alternative evidence: Present evidence countering the BAC result, such as field sobriety test outcomes, testimony about your actual consumption, witness accounts, and your driving behavior, which might not have shown impairment.
Challenge blood sample custody: If your BAC determined by blood draw, the state must prove the sample was collected, stored, and tested correctly. Any break in the chain of custody introduces doubt.
DUAC cases might entail drug-related impairments. If facing such charges, seeking advice from a Drug Lawyer alongside DUAC defense is prudent.
Why You Need a DUAC Lawyer in Greenville
DUAC shares penalties with DUI and similarly impacts your future. A conviction can hinder employment opportunities, affect professional licenses, and appear on background checks.
Subsequent DUAC offenses rapidly escalate penalties. At higher BAC levels, a second offense risks two to three years of imprisonment with no chance for suspension or probation.
If you have prior convictions such as First Offense DUI, Second Offense DUI, or Third Offense DUI, they count for DUAC sentencing. The inverse applies too.
For fourth or subsequent offenses, DUAC penalties overlap with Felony DUI (4th Offense) consequences, meaning significant prison time.
DUAC convictions aren’t typically eligible for Expungement in South Carolina. Promptly hiring an attorney preserves more options.
Charges concurrent with an injury could elevate to a DUI Causing Death allegation alongside DUAC.
John Crangle is a Greenville Criminal Defense Lawyer experienced in DUAC cases in the 13th Judicial Circuit. He understands South Carolina’s DUAC laws and spots weaknesses in the state’s evidence.
Contact John Crangle promptly after a DUAC arrest. Early action maximizes your chance for a favorable outcome.