Video Resources

Can I Be Charged With DUI If I Blow Below the Legal Limit?

Can I Be Charged With DUI If I Blow Below the Legal Limit?

Answer

Yes. A breath result below 0.08 does not automatically end a South Carolina DUI arrest. The video explains that officers may request urine testing to investigate drugs or a combination of drugs and alcohol, and the case may continue while laboratory results are pending.

A South Carolina driver can remain charged with DUI even after a breath test result below 0.08. The video explains that the arrest has generally occurred before the officer requests the breath test.

When the result is low or zero, an officer may request a urine sample to investigate whether a drug, alone or with alcohol, affected the driver.

The person may remain under arrest and appear for bond while laboratory results are pending. Evaluating a possible drug-related DUI allegation requires looking beyond the breath result alone.