Here in South Carolina, many people have had to face DUI charges, and many more will in the future. Those who do may know how seriously the crime is considered, though they may not know about related aspects, such as how sobriety is determined. While field sobriety tests are often utilized, tests that measure blood alcohol content are frequently used to determine if a person is inebriated. The results of these blood alcohol tests may be used in criminal proceedings, so it can be beneficial to know what they are, how they work and what it might mean for a person’s case.
In our blog post published on March 27, we discussed a U.S. Supreme Court ruling that had a significant, immediate impact on defending against drunk driving charges. Although the Missouri v. McNeeley ruling was made several months ago, the full range of impacts is yet to be seen.
In South Carolina, as in all states across the country, the legal limit for an adult's blood alcohol content while operating a motorized vehicle is .08. When their BAC level is above the legal limit, the individual may face drunk driving charges.
Every situation involving drunk driving charges is different from the next. In addition to the differences, some DUI cases are more challenging than others. These cases may require very careful research and very pointed and specific arguments. One of these types of challenging cases is when drivers are suspected of driving while under the influence and the blood alcohol content testing shows they have a BAC of higher than .15 percent.
Previous postings in this blog have discussed the potentially reputation-damaging impacts that a DUI can have on an individual who is famous or is a public figure. Even if the person is no longer is a highly-visible position, it is not uncommon for them to still be scrutinized if they are charged with driving under the influence of alcohol.
The decision to drive while under the influence of any amount of alcohol can come with serious penalties if the driver is pulled over by authorities and charged with drunk driving. However, the penalties can be even more severe if the traffic stop results in a high breath test in accordance with South Carolina law.
The legal blood alcohol level to be considered drunk while driving in South Carolina is 0.08. So, then how was a woman in South Carolina recently arrested and slapped with DUI charges after blowing a .008?
Earlier this month in our Charleston DUI Law Blog, we discussed the shortcomings of breath tests. These police administered blood alcohol content measures do not always give accurate results, leading to DUI arrests of people who are in fact in a safe condition to be driving.