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DUI vs. DUAC in South Carolina: Which Is Better for Your Record?

DUI vs. DUAC in South Carolina: Which Is Better for Your Record?

Answer

DUI and DUAC are separate charges in South Carolina: DUI concerns impaired driving ability, while DUAC is tied to an unlawful alcohol concentration. A DUAC plea may offer advantages in some cases, but an experienced DUI attorney should evaluate whether it is a suitable option for your circumstances.

South Carolina has two distinct impaired driving charges. DUI, or driving under the influence, concerns whether a person’s ability to drive safely is materially and appreciably impaired.

DUAC stands for driving with an unlawful alcohol concentration. It focuses on the alcohol concentration reading rather than necessarily requiring the same showing of impairment. Some other states combine these concepts under a single DUI or DWI statute, but South Carolina treats them as separate offenses.

In certain circumstances, a plea to DUAC may offer advantages compared with a DUI plea. Whether that is a good option depends on the individual case and should be discussed with an attorney experienced in South Carolina DUI defense.