To convict someone of the misdemeanor of driving with an unlawful alcohol concentration (DUAC), the state must prove:
- the accused drove a motor vehicle, and
- the accused had a blood alcohol content of 0.08% or more.
To charge convict on a driving with an unlawful alcohol concentration charge, the police must have performed a breathalyzer (blood alcohol content) test. If the police did not breathalyze a DUI/DUAC suspect or the suspect refused the breathalyzer test, the state cannot convict on a driving with an unlawful alcohol concentration charge (DUAC).
However, refusing a breathalyzer test carries its own penalties due to the Implied Consent Law. See the SC Implied Consent Law page for more information.
SC DUAC and DUI Lawyers
If you have been charged with DUAC, an experienced South Carolina DUAC attorney can ensure that you get the best outcome in your case. At Reeves, Aiken & Hightower, you will find such attorneys, and we will fight for you. Call us at 877-374-5999 or contact us at this link for a private consultation.