In the event of being charged with drunk driving within South Carolina, you might be confronted with two words: DUAC and DUI. Though they appear to be identical, they’re distinct legal issues with particular distinctions. Knowing the differences is essential when you or someone you know faces these charges.
What is a DUI?
A DUI (Driving under the impaired) offense for South Carolina is when a driver is found in the operation of the vehicle while impaired by alcohol, drugs or both. One of the main elements in determining the severity of a DUI sentence is observation of driving habits that are impaired. Law enforcement officers could make their decisions based on sobriety tests conducted in the field, abnormal driving behavior, and other indicators to detect the severity of impairment. If a person’s blood alcohol concentration (BAC) is lower than the law-enforcement limit that is 0.08 percent, he or she can nonetheless be accused of DUI when there is an obvious impairment.
What is a DUAC?
The DUA (Driving with an Unconstitutional Alcohol Level) charge is based only upon the driver’s blood alcohol content. In South Carolina, if a person’s BAC is greater than 0.08 percent or more, it can be deemed DUAC. This applies whether the driver was physically impaired or not. In contrast to DUI, the prosecution does not need to prove that the driver is physically impaired. They only have to show that their BAC exceeded the legal limit.
Key Differences Between DUAC and DUI
Basis of the Charge:
DUI is required to show the evidence of driving under the influence.
DUAC: Only based on results from BAC tests (0.08 percent or greater).
Evidence Required:
DUI The field sobriety test, officer observation and various other indications of impairment.
DUAC A blood test or breath sample that indicates that BAC is higher than the limit for legal.
Legal Consequences:
The consequences that are imposed for DUAC or DUI for DUI and DUAC in South Carolina are generally similar in terms of penalties for license suspensions, fines, obligatory alcohol education as well as possible prison time. But, the unique facts of each case may impact the sentence.
Defensive Strategies:
DUI Defense attorneys could argue that they were not impaired or dispute the credibility of the officer’s findings.
DUAC defense strategies typically focus on challenging the validity of BAC tests or equipment.
Which Charge is More Severe?
It is not the case that neither DUAC or DUI is necessarily more serious in any way than the other. Both are accompanied by significant legal penalties. Your car record, your insurance rate and your life may be significant in both cases. But the speed of prosecution may differ. DUI cases depend heavily on BAC evidence. DUI cases must prove that there was a visible impairment.
Conclusion
Even though DUAC as well as DUI criminal charges for DUI and DUAC in South Carolina both relate to impaired driving, they’re distinct. DUI is based on the presence of impairment and observable impairment, while DUAC is solely based on the BAC level. Both are punishable by severe penalties; knowing the distinctions could help formulate an argument. If you’re being charged with one or the other and need to consult with an experienced lawyer, it is vital in order to comprehend the legal complexities and defend your rights.
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