WHAT’S THE DIFFERENCE BETWEEN DUI AND DUAC IN SOUTH CAROLINA?
The penalties and fines are the same for DUI as they are for DUAC. The difference is in how a cop plans to testify against you in court. If a cop charges you with DUI, they have to testify that your ability to drive was “materially and appreciably impaired” in order to prove you guilty. If a cop charges you with DUAC, they only have to testify that your alcohol content was “over the limit” of 0.08% in order to prove you guilty. In theory, it’s easier for you to be found guilty of DUAC than it is to be found guilty of DUI… in theory. The only people who are charged with DUAC are those who actually submit a breath or blood sample to the cop for testing purposes. If you don’t submit a sample, you cannot be charged with DUAC.