What Is Dui?
The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .10 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .10 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. As a practical matter, one drink would almost certainly not lead to a BAC of .10 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .10 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit. In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
Other South Carolina Drunk Driving Defense FAQs
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Q:
What Are The Bac Limits?
A: What are the BAC Limits? Under South Carolina law, the legal BAC (blood / alcohol) limits are: (1) Less than .05 It is conclusively presumed that the person was … More -
Q:
What Are The Dui Laws In South Carolina?
A: A DUI arrest is actually two individual cases in the form of one driving under the influence charge. The first is the criminal case, and the second and less familiar, … More -
Q:
What Are The Penalties For First Offense Dui Conviction In South Carolina?
A: If you are convicted of a first offense DUI in South Carolina, you are subject to a fine of $300.00 or imprisonment for at least 48 hours. However, a person convicted … More -
Q:
What Are The Penalties For Second Offense Dui Conviction In South Carolina?
A: For a conviction of second offense DUI, a person can be fined a minimum of $2000.00 up to $5000.00 and imprisoned for at least 48 hours or up to 1 year. The fine … More -
Q:
What Are The Penalties For Third Offense Dui Conviction In South Carolina?
A: A conviction of DUI 3rd, carries a fine of at least $3,500.00 and could be as much as $6,000.00. Also, a 3rd offender must serve at least 60 days in jail and could be … More -
Q:
What Are The Penalties For Fourth Offense Dui Conviction In South Carolina?
A: If a person is convicted of DUI 4th or more, he or she must serve at least 1 year in prison and could have to serve up to 5 years. -
Q:
What Are The Penalties For Felony Dui?
A: If a person is convicted of felony DUI for causing great bodily harm to another, he or she is subject to a mandatory fine of at least $5000.00. However, a fine up to … More -
Q:
What Are The Assessments Imposed By The Court?
A: In addition to the fine imposed for a DUI conviction, each person is subject to an assessment fee. For a conviction of a DUI 2nd or above, the assessment fee is 100% … More -
Q:
How Can I Keep My License After A Dui Conviction?
A: In order to retain your license after a DUI conviction, a person must obtain SR22 insurance for 3 years. -
Q:
What Is The Interstate Compact Act?
A: In 1961 the US Congress enacted the Interstate Driver License Compact. All states except Georgia, Massachusetts, Michigan, Tennessee and Wisconsin have elected to … More
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