Understanding the Difference Between DUI and DUAC
If you have been pulled over and arrested for drunk driving in South Carolina, you might be confused by the paperwork. You may see the term DUI, or you might see the term DUAC. While both charges are serious and carry the same potential penalties, they are distinct legal offenses that require different defense strategies. At Burns & Burns Law Firm in Rock Hill, SC, we have seen these cases from both sides—as former law enforcement officers and former prosecutors. We know that the specific charge on your ticket is often a tactical decision made by the state, and understanding that decision is the first step in building your defense.
What is a DUI Charge?
DUI stands for Driving Under the Influence. Under South Carolina law, this charge focuses on your physical and mental state. To secure a conviction for DUI, the state must prove that you were operating a motor vehicle while your faculties to drive were "materially and appreciably impaired" by alcohol, drugs, or a combination of both. This is a subjective standard. The prosecution will look at evidence such as your performance on field sobriety tests, the officer’s observations of your driving, and your behavior during the stop. You can be charged with DUI even if your blood alcohol content (BAC) is below the legal limit of .08% if the officer believes you were impaired.
What is a DUAC Charge?
DUAC stands for Driving with an Unlawful Alcohol Concentration. Unlike a DUI, which focuses on impairment, a DUAC charge is based strictly on the numbers. If you provide a breath or blood sample that shows a BAC of .08% or higher, you can be charged with DUAC. This is considered a "per se" offense. The state does not necessarily need to prove that you were driving poorly or acting impaired; they only need to prove that you were operating a vehicle with a BAC at or above the legal limit. It is important to note that the DUAC statute applies specifically to alcohol, not drugs.
Why the Distinction Matters
While the penalties for DUI and DUAC are identical—including fines, potential jail time, license suspension, and the requirement to install an ignition interlock device—the way we defend these cases varies. In a DUI case, our defense often focuses on challenging the officer’s assessment of your impairment. We look at the dashcam footage, the administration of field sobriety tests, and whether the officer had a valid reason to believe your driving was unsafe. In a DUAC case, our focus shifts to the science. We examine the calibration of the breathalyzer machine, the timing of the test, and whether the officer followed the strict protocols required by South Carolina law when collecting your sample.
The Role of Your Defense Team
Because we have experience as former law enforcement and former prosecutors, we understand the pressure officers are under to make arrests and the pressure prosecutors face to secure convictions. We know that the choice between charging someone with DUI or DUAC is often based on the strength of the evidence available at the time of the stop. If the officer’s notes on your physical impairment are weak, they may rely more heavily on the breath test result, leading to a DUAC charge. If the breath test result is questionable, they may lean into the DUI charge. Regardless of which charge you are facing, you are entitled to a vigorous defense. A conviction for either offense will appear on your criminal record and can have lasting consequences on your employment, insurance rates, and driving privileges.
Taking Immediate Action
If you are facing a DUI or DUAC charge in Rock Hill or the surrounding areas, time is of the essence. You have a limited window to request an administrative hearing to challenge the suspension of your driver’s license, which is a separate process from your criminal case. Do not wait until your court date to start preparing your defense. Contact Burns & Burns Law Firm today to discuss the specifics of your arrest and let us help you navigate the complexities of the South Carolina legal system.
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