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Driving with an unlawful alcohol concentration (DUAC) is a similar charge to driving under the influence in South Carolina. This charge is just as serious as DUI and involves essentially the same penalties and consequences. That is why those who are charged need help with an experienced DUAC and DUI lawyer at Morton & Gettys.

The difference between DUI and DUAC: In a DUAC case the prosecutor or officer does not need to prove that a person’s faculties to drive are materially and appreciably impaired as they must prove in a drunk driving case.

They must prove only that someone:

  1. drove a motor vehicle
  2. in the State of South Carolina
  3. while their blood alcohol concentration was 0.08 or higher.

This means a person can only be charged with DUAC if they provide a breath sample that was over 0.08. However, just because you blew a 0.08 or higher does not mean you are automatically guilty of DUAC. There are a variety of factual and technical defenses that may be available to you.

There are times when prosecutors will offer to let people accused of drunk driving plead guilty to DUAC instead, and there can be some advantages to that.

There are, however, also disadvantages. Remember that the penalties for DUI and DUAC are the same in terms of fines, possible jail time and longer-term consequences such as insurance requirements and loss of driving privileges.

Get help from a veteran DUI lawyer

That’s why anyone accused of DUI should consult an experienced drunk driving lawyer before accepting any deal that involves pleading guilty to DUAC. There are times when it is in a driver’s best interests to accept such a plea bargain, but that’s not always the case.

A DUAC and DUI lawyer such as those at Morton & Gettys in Rock Hill will talk with you about the specifics of your situation, helping you make an informed decision about how to proceed. Call us to set up a free consultation for your drinking and driving case.

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