DUI vs. DUAC in South Carolina
Arrested for DUAC?
What should you do if you have been charged with DUAC (driving with an unlawful alcohol concentration)? It’s not exactly the same as DUI, and you might not be certain if there are legitimate defenses against a DUAC charge.
- DUI implies that your driving ability is impaired.
- DUAC has nothing to do with impairment. If your blood alcohol content (BAC) is over the legal limit of .08, you can be charged with DUAC even if your driving ability is not impaired.
A DUAC charge is just as serious as a DUI charge. It similarly cannot be expunged from your permanent record if you are convicted. A conviction will include fines, possible jail time, driver’s license suspension, an alcohol intervention program, higher insurance premiums and possibly an ignition interlock device, which you will pay for.
Can You Win A DUAC Defense Case?
Yes, a DUAC case can be successfully defended, and evidence can be suppressed in certain situations. For instance:
- Did the police officer have probable cause to pull your vehicle over?
- Were you arrested at a DUI roadblock or checkpoint?
- Was the breath test properly administered?
- Were field sobriety tests properly conducted?
Without probable cause to pull your vehicle over, evidence collected thereafter can be suppressed. Drivers in South Carolina cannot be charged with DUAC after failing any sort of test at a DUI roadblock because probable cause to administer or conduct tests was not established. Breath tests and field sobriety tests can be challenged on many levels.
At Drennan Law Firm, our DUAC lawyers take decisive action against DUAC arrests across the Charleston region. We defend South Carolina residents, underage drivers and people who visited South Carolina from out of state. If you have been charged with DUAC in South Carolina, you should consult with Charleston DUAC defense attorneys at our firm. We possess in-depth knowledge of the nuances of local and South Carolina laws, and we are familiar with local courts and police department procedures.
We will fight to minimize the consequences that you face, reduce the charges against you, and protect your driving privileges and freedoms!
Emma’s Law, Ignition Interlock Devices And You
Passed into law in 2014 and effective Oct. 1, 2014, Emma’s Law increases the consequences of drunk driving convictions for all offenders. Now, first-time offenders and multiple offenders alike face the very real prospect of an ignition interlock device, which costs convicted offenders an initial $1,000 and up to $130 each month for monitoring fees and other expenses.
First-time offenders who are convicted with a .15 BAC or higher are required to use an interlock device to be able to start their cars for six months after conviction. This is not just embarrassing and inconvenient, but also costly on top of other fines and penalties.
Get Serious About Your Defense. Get Drennan Law Firm Now.
Please call us at 843-352-4149 or email us to schedule a free initial consultation with a Charleston DUAC lawyer who will fight for you. Our team will forensically evaluate the breath test, pick apart the case against you and guide you through the legal process while handling your every legal concern.