DUI defense lawyers in South Carolina meet with clients all the time who ask what the legal limit is for DUI. For the most part, no matter what state you live in, the legal limit for DUI is .08. When someone refers to the legal limit, they’re referring to the blood alcohol concentration threshold.
In order for someone to fail a breathalyzer test, they have to register at least a .08. The breathalyzer measures your blood alcohol concentration (BAC). Depending on how much alcohol you’ve had, this level could be anywhere from 0.0 to well above the legal limit of .08. Since everyone reacts differently to alcohol, two people could drink the same amount of alcohol but register two totally different levels of BAC.
If you live in Clemson, South Carolina, it’s important that you know the DUI laws. If you get pulled over for suspicion of drunk driving, there’s a good chance you could end up in jail. The bottom line is that, if the police suspect you’re impaired, they have a right to arrest you. So when people ask what a safe BAC level is, the answer is – there isn’t one. Even if you haven’t had a drop of alcohol, you can still be arrested for DUI in Clemson. If you’re under the influence of any other substance that’s impairing your ability to drive, the police have the right to arrest you.
If this happens to you, then you really should call an experienced DUI defense lawyer in South Carolina. Even if you know you didn’t do anything wrong, you may still face an uphill battle.
What if Your BAC is Slightly Under the Legal Limit?
Some drivers in South Carolina think that, as long as they blow under the legal limit, they can’t be arrested for DUI. This couldn’t be further from the truth. The police do ask you to complete a portable breathalyzer test. This is because, if you do blow above the legal limit, it can make it a lot easier to prove your guilt. However, it’s not required that you blow an .08 or higher in order to be arrested and charged with DUI in Clemson.
To put it frankly, your BAC doesn’t really matter all that much. If the police believe that you’re under the influence of anything, they can arrest you for DUI. The same is true if they think you’re impaired. For example, you may blow a .00 on the breathalyzer. But if they think you’re under the influence of something else – like drugs – you can still be arrested.
This is why any DUI defense lawyer in South Carolina worth their salt will tell you that no BAC is safe. You can be arrested for DUI no matter what your BAC is. Yes, if you blow a .08 or higher, it’ll be a lot harder for your Clemson DUI defense attorney to get the charged dismissed. But that doesn’t mean you need a high BAC to be arrested.
What Things Impact Your BAC?
When you drink alcohol, it enters your bloodstream. Depending on your size, gender and drinking history, your body will process the alcohol at a certain rate. Some people can drink six or seven beers and still blow under an .08. Other people can have one shot and a beer and register well over the .08. It depends on several things, including:
- Gender – Men tend to metabolize alcohol a lot faster than women
- Weight – Heavier people can typically drink more alcohol than a very thin person. However, if you have a higher percentage of body fat, it may retain the alcohol longer and cause you to score higher on a breathalyzer.
- Age – People who are older have typically been drinking longer so they have a higher tolerance level. People who are new to drinking may get drunk a lot faster.
- Drinking History – People who drink often tend to hold their alcohol better. If someone drinks very infrequently, it may only take a couple of drinks to cause them to blow higher than .08.
You May Need a Skilled DUI Defense Attorney in Clemson, South Carolina
If you or your loved one have been charged with DUI in South Carolina, you need help. A DUI conviction means a lot more than fines and jail time. It can jeopardize your professional license. It can even prevent you from working in certain industries. Call and talk to one of our experienced DUI defense lawyers in Clemson, South Carolina today.