Under South Carolina law, the legal blood alcohol (BA) limits are:
(1) Less than .05 – It is conclusively presumed that the person was not under the influence of alcohol.
(2) Greater than .05 but less than .08 – No inference whether the person was under the influence of alcohol, but that fact may be considered with other evidence in determining the guilt or innocence of the person.
(3) Greater than .08 – It may be inferred that the person was under the influence of alcohol.
BAC Levels & Rates of Elimination
The following infographic shows estimations of: (1) BAC levels for men and woman at various weights and amounts of alcohol and (2) elimination of BAC over time:
Driving With An Unlawful Alcohol Concentration
In South Carolina, it is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is eight one-hundredths of one percent or more. A person who violates the provisions of this [statute] is guilty of the offense of Driving With An Unlawful Alcohol Concentration [DUAC].” The prosecution has the choice of convicting a driver for a DUI (proof of impairment which may include proof of BAC) or a DUAC (proof of BAC .08 or greater and the driver is guilty). A driver can only be prosecuted for a DUAC if the breath (or blood) test is performed within two hours of the time of arrest and probable cause (a reasonable belief that a person has committed a crime) existed to justify the traffic stop. A driver cannot be prosecuted for a DUAC if the driver was stopped at a traffic road block or driver’s license check point. Further, a driver cannot be prosecuted for both a DUI and a DUAC for the same stop.
This FREE book for drivers has practical information on South Carolina’s laws and effective defense strategies including the laws of DUI & DUAC, the legal procedures, implied consent hearings, field sobriety tests, the DMT DataMaster breath test machine, the penalties & costs for a DUI, how to be an effective witness, and much more.
Charleston DUI Attorney
If you are charged with DUI in Charleston, contact the attorneys at Futeral & Nelson.