Opening official paperwork to find a charge for Driving With an Unlawful Alcohol Concentration (DUAC) often causes confusion. Most drivers expect to see a standard drunk driving charge instead. Learning how state laws handle this offense will help you understand what prosecutors must prove in your case.
The main difference between DUI and DUAC
A conviction for Driving Under the Influence (DUI) depends on proof that alcohol or drugs made you unsafe behind the wheel. Officers watch for bad driving, slurred speech and poor balance.
DUAC cases rely on chemical test results instead of physical signs. Prosecutors only need to show that you drove a vehicle with a blood alcohol concentration (BAC) of .08 or higher. The state can convict you of this charge even if your driving looked completely normal before the stop.
How officers measure alcohol concentration levels
Law enforcement officers gather evidence for DUAC charges through specific tests after a traffic stop. Drivers facing these allegations usually take one of two tests:
- Breath tests taken at a police facility
- Blood tests taken at a medical facility
These test results serve as the main evidence in court. Showing that officers made mistakes with the test or the equipment can help build a legal defense.
Penalties for a DUAC conviction in South Carolina
A DUAC conviction brings strict consequences, including the mandatory use of an Ignition Interlock Device (IID) on your vehicle even for a first offense. A first-offense DUAC also carries potential jail time, fines and mandatory enrollment in the Alcohol and Drug Safety Action Program (ADSAP) to keep or restore your driving privileges.
Penalties increase significantly for repeat convictions, including longer interlock requirements and higher fines.
Protect your driver license and legal options
A DUAC charge requires fast action to meet all DMV requirements and protect your license. Challenging the reasons for the traffic stop or the accuracy of the breath test gives you a way to fight the charge. Speak with a defense attorney so you can review the evidence and evaluate legal options.
