Two Charges. One Night. Very Different Cases — and Why You Need a Greenville DUI Defense Lawyer Either Way.
You got pulled over. You may have blown into a breathalyzer. You were arrested. But now your paperwork says something you didn’t expect, DUAC. Not DUI. And you’re not sure what that means or whether it changes anything.
It does. Here’s what you need to know.
What Is a DUI in South Carolina?
DUI stands for Driving Under the Influence. Under South Carolina law, a DUI charge means law enforcement believes that alcohol or drugs, or a combination of both — appreciably impaired your ability to drive a motor vehicle.
The word “appreciably” matters. Prosecutors have to actually prove impairment. They build that case using the officer’s observations at the scene, your performance on field sobriety tests, breathalyzer or blood test results, and dashcam footage if available. If any of those elements are weak, inconsistent, or improperly administered, your attorney has something to work with.
A DUI charge does not automatically require a specific BAC reading. You can be charged with DUI even if you refused the breathalyzer, as long as the officer believes the evidence of impairment is there.
What Is a DUAC in South Carolina?
DUAC stands for Driving with an Unlawful Alcohol Concentration. This charge is simpler and more mechanical, if your blood alcohol concentration (BAC) was 0.08% or higher at the time you were driving, you can be charged with DUAC regardless of how you looked, how you drove, or how you performed on any field test.
No proof of impairment required. The number is the charge.
That makes DUAC cases hinge almost entirely on the validity of the chemical test itself, how the breathalyzer was calibrated, whether it was properly maintained, whether the officer followed the correct protocol, and whether the test was administered within the required time window after the stop. A skilled Greenville DUI defense lawyer knows exactly where to look for those cracks.
Can You Be Charged with Both?
Yes. South Carolina prosecutors can charge you with both DUI and DUAC arising from the same stop. However, according to South Carolina Code of Laws Title 56, you can only be convicted of one. They are treated as alternative charges, not cumulative ones.
This is important because it affects how your defense attorney approaches your case. The strength of the evidence on each charge may point toward different strategies, and an experienced attorney will evaluate both.
Do DUI and DUAC Carry the Same Penalties?
For practical purposes, yes. Both charges carry the same potential consequences under South Carolina law:
First offense: Up to 90 days in jail, fines between $400 and $1,000, a 6-month license suspension, and mandatory enrollment in the Alcohol and Drug Safety Action Program (ADSAP).
Second offense: Up to 1 year in jail, fines between $2,100 and $6,500, and a 1-year license suspension.
Third offense: Up to 3 years in jail, fines between $3,800 and $10,000, and a 2-year license suspension.
Beyond the legal penalties, both convictions carry the same collateral consequences, skyrocketing insurance rates, potential job loss, professional license risk, and a permanent criminal record. A DUI or DUAC conviction is not something you want to absorb without a fight.
Why the Difference Between DUI and DUAC Matters for Your Defense
The charge determines the battleground. With a DUI, your attorney scrutinizes the officer’s observations, the administration of field sobriety tests, and whether there was actually probable cause for the stop in the first place. With a DUAC, the focus shifts almost entirely to the chemical test, its accuracy, the machine’s maintenance records, and the procedural steps the officer followed.
In either case, the goal is the same: challenge the evidence, expose the weaknesses in the state’s case, and fight for the best possible outcome, whether that’s a dismissal, a reduction, or an acquittal at trial.
At DUI Lawyer Greenville, our attorneys know both charges inside and out. We handle first offenses, multiple offenses, felony DUI, underage DUI, and DUAC charges across Greenville, Spartanburg, and Anderson counties. We take the time to understand your specific arrest, identify where the state’s case is vulnerable, and build a defense strategy around those facts.
Frequently Asked Questions: DUI and DUAC in South Carolina
If I refused the breathalyzer, can I still be charged with DUAC?
No. DUAC requires a measurable BAC reading of 0.08% or higher. If you refused the chemical test, there is no BAC result to support a DUAC charge. However, refusal carries its own consequences under South Carolina’s implied consent law, including automatic license suspension, and you can still be charged with DUI based on other evidence of impairment.
Does a DUAC conviction show up differently than a DUI on my record?
Both appear as criminal convictions on your record in South Carolina. For most practical purposes, employment background checks, insurance, and professional licensing, the distinction between the two labels matters far less than the fact of the conviction itself.
Can a DUAC or DUI charge be reduced to a lesser offense in South Carolina?
In some cases, yes. Depending on the strength of the evidence, the circumstances of your arrest, and your prior record, your attorney may be able to negotiate a reduction. This is never guaranteed, which is why having an aggressive defense lawyer evaluate your case early is so important.
Can I be charged with DUAC if my BAC was only slightly over 0.08%?
Yes, but a BAC reading that close to the legal limit also gives your attorney more room to challenge the accuracy of the test. Breathalyzer machines require proper calibration and maintenance, and even minor procedural errors can bring a borderline result into question.
Will a DUI or DUAC conviction affect my CDL in South Carolina?
Yes, significantly. Commercial drivers are held to a stricter standard. A BAC of 0.04% or higher while operating a commercial vehicle can result in CDL disqualification. Even a conviction in your personal vehicle can affect your commercial driving privileges. If you hold a CDL, contact a DUI defense attorney immediately.
Can prescription medication lead to a DUI charge in South Carolina?
Yes. A DUI charge is not limited to alcohol. If prescription or over-the-counter medication, taken as prescribed or not, appreciably impaired your ability to drive, you can be charged with DUI. These cases are complex and require an attorney with specific experience in drug-related DUI defense.
Talk to a Greenville DUI Defense Attorney Today
Whether you’re facing a DUI or a DUAC charge, you have more options than you think, but those options narrow the longer you wait. License suspension hearings are time-sensitive. Evidence gets harder to challenge. The sooner DUI Lawyer Greenville is working your case, the better your position.
We’re available 24 hours a day, 7 days a week, because your situation doesn’t wait for business hours and neither do we.
Call us at 864-523-7776, contact us online, or visit DUI Lawyer Greenville to schedule your free case evaluation today.
