In South Carolina and every other state, the blood alcohol content level of a driver is generally a major factor in determining the guilt or innocence of a driver and even the severity of a given sentence.
South Carolina law prohibits individuals from driving a car while under the influence of alcohol to the extent that the individual’s ability to drive is significantly impaired.
BAC Levels and Liability
In South Carolina, if a driver is determined to have a BAC between .05 and .08 percent, then that BAC level alone would not alone be enough to be found to be driving under the influence. However, for drivers who measure between .05 and .08 BAC that BAC evidence may be used along with other evidence to infer that the driver was under the influence of alcohol.
Alternatively, in South Carolina, if a driver is determined to have a BAC of .08 or above, then that BAC level alone will serve as proof that the individual was under the influence when he or she was driving.
Implied Consent to a BAC Test
Under South Carolina law, the police are assumed to have an implied consent from the driver to test his or her blood, breath, or urine for alcohol content. Any person driving in the state is considered to have given consent for a BAC test if the police believe that there was a violation.
An individual who refuses a blood alcohol content test with a police officer may face a suspension of his or her driver’s license. Individuals who have a prior alcohol-related conviction or suspension in the past 10 years face a suspension.
Challenging Evidence in Court
Defendants in DUI cases face serious penalties including driver’s license suspension, fines, and even jail time. Additionally, DUI cases stay on a driver’s record for years so if the driver is found guilty of another DUI violation then the driver would face even greater penalties later on.
To be able to properly challenge the evidence presented by the police and the prosecutor in court, many drivers will need someone with courtroom experience and knowledge of DUI laws and standards. An experienced DUI lawyer can help make sure that a driver facing DUI charges has asserted all of his rights and has a solid defense to the charges.
Contact an Experienced Lawyer For DUI Help
If you have any questions about your legal rights as a criminal defendant particularly with regard to a DUI case in South Carolina, or if you or a loved one is facing DUI charges, it is imperative that you reach out to a lawyer for help. The Bateman Law Firm is prepared to help you craft a strong and professional legal defense if you have been arrested and charged with DUI in Greenville or surrounding areas in South Carolina.