DUAC is South Carolina’s per se DUI law, meaning that impairment does not have to be proven if the blood alcohol concentration exceeds the legal limit.

The State Must Prove:

1. The defendant was driving a vehicle
2. The defendant had a blood alcohol concentration (BAC) of 0.08% or higher

DUAC charges typically arise when a driver submits to breath, blood, or urine testing.

Even in DUAC cases, however, the defense may challenge the reliability of the test results.

Potential DUAC Defenses

A DUI defense attorney may challenge:

• Breathalyzer machine accuracy
• Improper calibration or maintenance of testing equipment
• Failure to follow testing procedures
• Medical conditions affecting test results
• Improper administration of the test

If the testing procedures were not followed properly, the court may exclude the test results, which can significantly weaken the prosecution’s case

Felony DUI in South Carolina

A DUI becomes a felony offense when impaired driving results in serious bodily injury or death to another person.

Felony DUI cases are significantly more complex and carry severe penalties, including substantial prison time.

Elements of Felony DUI

To obtain a conviction, the prosecution must prove:

1. The defendant was under the influence of alcohol or drugs
2. The defendant drove a motor vehicle while impaired
3. The defendant committed a traffic violation or neglected a legal duty while driving
4. That violation or negligence caused great bodily injury or death to another person

Key Differences Between Felony DUI and Other DUI Charges

Felony DUI cases often involve additional complications, including:

• The presence of injured victims or victims’ families
• Media coverage and public pressure on prosecutors
• Complex accident reconstruction evidence
• Medical evidence regarding the victim’s injuries
• Higher stakes due to mandatory prison sentences in many cases

Because of the severity of the potential penalties, felony DUI cases require thorough investigation and aggressive defense preparation

Common Evidence Used in South Carolina DUI Trials

Several types of evidence are commonly presented in DUI trials.

Breath, Blood, and Urine Testing

Breathalyzer testing is the most common chemical test used in DUI cases, but blood or urine testing may also be used.

Under South Carolina’s implied consent law, drivers can refuse testing, but refusal may result in automatic driver’s license suspension.

Standardized Field Sobriety Tests

Police officers frequently administer Standardized Field Sobriety Tests (SFSTs) during DUI investigations.

Tests approved by the National Highway Traffic Safety Administration (NHTSA) include:

• Horizontal Gaze Nystagmus (HGN) – checks for involuntary eye movements associated with intoxication
• One-Legged Stand Test
• Walk-and-Turn Test

Although these tests are often presented as evidence, they are not direct measurements of blood alcohol concentration and may be influenced by medical conditions, fatigue, or improper administration.

DUI Video Recording Requirements in South Carolina

South Carolina law requires officers to record DUI investigations on video.

These recordings may include:

• The initial traffic stop
• Field sobriety testing
• Interaction with the driver
• Breath testing procedures
• Miranda warnings

Video evidence is often critical because it can show:

• Whether the traffic stop was lawful
• Whether field sobriety tests were properly administered
• Whether the driver actually appeared impaired
• Whether officers followed proper procedures

If officers fail to comply with the state’s videotaping requirements, the case may be subject to dismissal under the South Carolina Supreme Court decision City of Rock Hill v. Suchenski

DUI Defense Lawyers in Myrtle Beach, Columbia, and Lexington

Attorney Lacey Thompson focuses her practice exclusively on criminal defense and DUI defense in South Carolina.

The Thompson & Hiller Defense Firm represents clients charged with:

• DUI
• DUAC
• Felony DUI
• Underage DUI

Our attorneys handle cases in:

• Myrtle Beach
• Columbia
• Lexington
• Courts throughout South Carolina

If you have been charged with DUI in South Carolina, an experienced defense lawyer can review the evidence, challenge the prosecution’s case, and protect your rights.

Call Thompson & Hiller Defense Firm today:
843-444-6122

You may also contact us online to schedule a consultation and discuss your DUI case.