Being charged with either DUI or Driving with an Unlawful Alcohol Concentration in South Carolina should be taken very seriously. There can be severe consequences if you are convicted of either of these offenses. You can be sent to jail, your license will be suspended, and your insurance will likely increase for years.

However, just because you are charged with an offense doesn’t mean a conviction is inevitable. Each case has unique circumstances that could be the key to a favorable outcome for you as the defendant. Here at Grooms and Thomas, we take pride in the representation we provide to our clients, as both attorneys, J. Austin Thomas and J. Stephen Grooms, have experience in criminal law, particularly DUI and Driving with an Unlawful Alcohol Concentration charges. Please check our reviews and background, then call us to set up a free consultation to see the Grooms and Thomas difference.

The elements of DUI in SC that the prosecution must prove include:

Driving

To prove a Driving Under the Influence case, the State must first show that there was actual driving to prevail. The vehicle must be operated and in motion, as opposed to an occupant simply listening to the radio while stationary or enjoying the air conditioning.

Intoxication

Intoxication can include alcohol or any illegal or legally prescribed drug with intoxicating effects. For example, you can be charged with DUI in SC based on intoxication from:

• Alcohol

• Marijuana

• Cocaine

• Prescription pain medications

• Sleep medications, etc.

DUI in South Carolina

Simply taking a prescribed medication or having a beer isn’t necessarily enough for the prosecution to prove a charge of DUI. They must also prove that you were intoxicated to the point that it impaired your ability to operate a vehicle safely.

The State must prove that Your Faculties to Drive Were Materially and Appreciably Impaired.

The State will seek to prove that your faculties to drive were materially and appreciably impaired in several ways. For example, they will take testimony from the arresting officer regarding their observations and use any evidence the court allows against someone, such as a roadside sobriety test, urinalysis, blood test, collected video footage of the alleged improper driving, and so on.

Having an experienced DUI attorney who knows what to look for can make all the difference in the outcome of your case.

Driving With an Unlawful Alcohol Concentration in SC

To be convicted in SC, the prosecution only needs to prove that you were driving and that your blood alcohol content (BAC) was .08 or greater.

However, even if you are charged due to a blood alcohol content as outlined above, there are still defenses that may apply to your case, and I would invite you to contact our office to review your options.