For many drivers in Garden City and the surrounding Grand Strand, a flashing blue light in the rearview mirror is the start of a confusing and high-stakes legal journey. While most people are familiar with the term “DUI,” many are surprised to find themselves facing a different charge: DUAC. In South Carolina, these two offenses—Driving Under the Influence and Driving with an Unlawful Alcohol Concentration—are closely related but fundamentally different in how they are proven in a court of law.
If you are facing an impaired driving charge, the terminology matters just as much as the evidence. A conviction for either can have life-altering consequences, including the loss of your driver’s license, steep fines, and a permanent criminal record. Navigating these complexities requires an advocate who understands the nuances of South Carolina’s traffic laws. Dave Mason and the Garden City Law Firm at (843) 651-7200 provide the expert defense strategies needed to protect your future. Whether you were stopped in Murrells Inlet or along the busy corridors of Highway 17, our team is prepared to tailor a defense to the specific charge you are facing.
The Technical Differences: How DUI and DUAC Are Proven
The most critical distinction between DUI and DUAC lies in what the prosecution must prove to secure a conviction. While both involve alcohol or drugs and a motor vehicle, the “burden of proof” shifts significantly between the two.
1. Driving Under the Influence (DUI)
A DUI charge in South Carolina focuses on impairment. Under SC Code Ann. § 56-5-2930, the state must prove that your ability to drive was “materially and appreciably impaired” by alcohol, drugs, or a combination of both. Interestingly, you can be charged with DUI even if your Blood Alcohol Concentration (BAC) is below the “legal limit” of 0.08%, provided the officer can demonstrate that you were unsafe to operate a vehicle. Evidence for a DUI typically includes:
•Observations of erratic driving.
•The officer’s notes on your physical appearance (slurred speech, glassy eyes).
•Performance on Standardized Field Sobriety Tests (SFSTs).
•Dashcam or bodycam video of the interaction.
2. Driving with an Unlawful Alcohol Concentration (DUAC)
DUAC, governed by SC Code Ann. § 56-5-2933, is often referred to as a “per se” offense. In a DUAC case, the prosecution does not necessarily have to prove that you were driving poorly or that you “felt” drunk. Instead, the charge is based almost entirely on a number: your BAC. If the state can prove that you were driving and that your BAC was 0.08% or higher, they have met the technical requirements for a DUAC conviction. This makes DUAC a purely scientific or technical challenge, whereas DUI is more of a behavioral one.
| Feature | Driving Under the Influence (DUI) | Driving with Unlawful Alcohol Conc. (DUAC) |
| Primary Focus | Behavioral impairment and safety. | Chemical BAC level (0.08% or higher). |
| Evidence Used | Field sobriety tests, video, officer testimony. | Breathalyzer (DataMaster) or blood test results. |
| BAC Requirement | Can be charged at any level if impaired. | Must be 0.08% or higher. |
| Prosecution Goal | Prove the driver was unsafe. | Prove the driver was “over the limit.” |
Potential Penalties: The High Cost of a Conviction
One common misconception is that DUAC is a “lesser” charge than DUI. In reality, South Carolina law treats both convictions with nearly identical severity. A first-offense conviction for either DUI or DUAC carries penalties that can disrupt your employment, your finances, and your freedom.
Fines and Jail Time
The financial impact of a conviction begins with court-ordered fines, which can range from $400 to over $1,000 for a first offense, depending on your BAC level. Additionally, both charges carry the possibility of jail time—up to 30 days for a first offense—though this is often suspended in favor of community service for those with a clean prior record.
License Suspension and Ignition Interlock
Perhaps the most immediate consequence is the suspension of your driving privileges. For a first offense, your license is typically suspended for six months. However, South Carolina’s “Emma’s Law” requires many offenders to install an Ignition Interlock Device (IID) in their vehicles to regain driving privileges. The costs of installing and maintaining this device are the responsibility of the driver, adding thousands of dollars to the total cost of the offense.
| Penalty Type | First Offense (BAC < .10) | First Offense (BAC .16+) |
| Fine (approx.) | $400 + court costs. | $1,000 + court costs. |
| Jail Time | 48 hours to 30 days. | 30 to 90 days. |
| License Susp. | 6 months. | 6 months. |
| IID Requirement | Optional/Conditional. | Mandatory. |
| ADSAP | Mandatory enrollment. | Mandatory enrollment. |
Why a Tailored Defense Strategy is Essential
Because the evidence used in DUI and DUAC cases is different, the defense strategy must be equally specialized. A “one-size-fits-all” approach often fails because it ignores the technical vulnerabilities of the prosecution’s case. Dave Mason at the Garden City Law Firm understands that a successful defense starts with a meticulous review of the arrest procedure.
Defending a DUI Charge
In a DUI case, the defense often focuses on the subjectivity of the evidence. Field sobriety tests are notoriously difficult to perform, even for sober individuals, especially on the uneven or sandy surfaces common in Garden City. We analyze video footage to determine if the officer followed the strict National Highway Traffic Safety Administration (NHTSA) guidelines. If the officer’s instructions were unclear or if the tests were administered incorrectly, the “evidence” of impairment may be tossed out of court.
Defending a DUAC Charge
In a DUAC case, the defense is often technical and scientific. Since the charge relies on a breath or blood test, we investigate the reliability of the machine used (the DataMaster DMT). These machines require regular calibration and maintenance. If the “observation period” before the test was not strictly followed, or if the machine has a history of malfunctions, the BAC result can be challenged. Without a valid BAC reading, the state’s DUAC case often collapses.
The Importance of the “Administrative” Case
Beyond the criminal charges, there is an administrative side to every DUI and DUAC arrest involving the Department of Motor Vehicles (DMV). If your license was automatically suspended at the time of your arrest (due to a high BAC or a refusal to blow), you have a very limited window—usually 30 days—to request a “Contested Case Hearing.” Dave Mason can assist you in requesting this hearing and obtaining a Temporary Alcohol License (TAL), allowing you to drive legally while your case is pending.
Why Local Representation Matters in Garden City
When you are facing the South Carolina legal system, having a local advocate who knows the local courts, the local officers, and the local procedures is an invaluable asset. Dave Mason and the Garden City Law Firm are located right in the heart of the community at 671 Jamestown Drive. We don’t just know the law; we know the specific challenges of driving in the Grand Strand area.
From the unique traffic patterns during tourist season to the specific way local law enforcement handles checkpoints, our local insight allows us to build a more robust defense. We are committed to providing personalized attention to every client, ensuring that you aren’t just a case number in a crowded system.
Take Action to Protect Your Future
A DUI or DUAC charge is a serious matter, but it is not an automatic conviction. There are many ways to challenge the state’s evidence, but you must act quickly to preserve your rights. If you have been arrested for impaired driving in Garden City, Murrells Inlet, or anywhere in the Grand Strand, contact Dave Mason today.
Call the Garden City Law Firm at (843) 651-7200 to schedule a consultation. We will sit down with you, review the facts of your arrest, and explain your options in plain English. Don’t let a single mistake or a technicality define your future. With the right expert defense, you can navigate the complexities of DUI and DUAC and work toward the best possible outcome for your case.
By understanding the differences between these charges and the strategies available to fight them, you are already taking the first step toward reclaiming your life. Let Dave Mason be your voice in the courtroom and your guide through the South Carolina legal system.