What You Need to Know if Charged with DUI/DUAC

In South Carolina, there are two types of drunk driving charges – Driving Under the Influence (DUI) and Driving with an Unlawful Alcohol Content (DUAC). Being charged with DUI or DUAC is serious and can have life-changing implications if convicted.

A law enforcement officer can charge you with DUI if you are operating a vehicle under the influence of any substance, drug or alcohol, and DUI cases may be prosecuted on the testimony of the law enforcement officer alone. Breathalyzer test results are not required for conviction in a DUI case.

In DUAC charges, a motorist may be charged if operating a vehicle under the influence of alcohol. However, at trial, the prosecution must present evidence of a blood-alcohol concentration (BAC) at or above the legal limit of 0.08. If you are under the legal drinking age (21 years or younger), then your blood-alcohol concentration (BAC) must only be 0.02 or higher to be convicted. Whether you are charged with DUI or DUAC, you could face serious repercussions.

First-time offenders may face jail time, fines up to $1,000, license suspension, loss of employment among other consequences. If convicted of additional DUI charges within10 years of your first offense, you will face mandatory jail time and increased fines.

How Can We Help You?

What To Do Next

Every DUI/DUAC case is unique and you are entitled to fair and just legal proceedings. The prosecution must prove guilt beyond a reasonable doubt so having an experienced DUI attorney to represent you at trial is key. An experienced criminal defense attorney has a solid understanding of DUI laws and the tools used to prosecute and convict drivers of DUI and DUAC.

Attorney Robert (Robbie) Ferguson has extensive background as a criminal defense attorney, representing clients accused of DUI/DUAC. Robbie leverages the unique details of each case to craft a strategic defense and fight for the best possible outcome for his clients. If you’ve been charged with a DUI/DUAC, contact the law offices of Ferguson & Ferguson, LLC at 843-470-4704 for a consultation.


Q. How do drugs relate to DUI offenses?

You can be charged with DUI if there is probable cause that you are driving while materially and appreciably impaired by drugs or alcohol.

Q. Is a DUI/DUAC charge a misdemeanor or a felony?

Most first offense DUI and DUAC convictions are misdemeanors; however, subsequent offenses or offenses resulting in serious bodily injury or death to another, may charged as a felony.

Q. How long will a DUI/DUAC charge stay on my record?

Convictions will remain on your record unless overturned on appeal or pardoned. However, prior convictions may only be used to enhance future offenses for a period of ten years from the date of the prior conviction.

Q. What happens if I am arrested for DUI/DUAC?

If you are arrested of DUI or DUAC, you will be taken and booked into jail, fingerprinted, photographed (mugshot), etc. and will have to remain in jail until a bond hearing is held. Bond will be set at the hearing and you will have to either pay the bond, hire a bondsman, or be released on your own recognizance (promise to come to court). Your car will be towed, unless someone can pick up from incident location.

Disclaimer – This website, and all materials within it, have been prepared by Ferguson & Ferguson, LLC for informational purposes only. This information is not legal advice, and it is not intended to and does not create a lawyer-client relationship. Viewing or receiving this information does not constitute or create a lawyer-client relationship. Internet users and other readers of this information should not act upon it without seeking professional legal advice. Ferguson & Ferguson, LLC does not undertake a duty of confidentiality with regard to any communication sent to the firm in connection with this website. Past success does not indicate the likelihood of success in any future representation.

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