DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION (DUAC) DEFENSE

//DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION (DUAC) DEFENSE
  • DUAC Attorney Craig Pisarik at Pisarik Law Firm in Rock Hill would be glad to discuss your DUAC defense

Although Not as Well-Known as DUI, DUAC is a Common and Serious Offense in South Carolina

Driving with an unlawful alcohol concentration (DUAC) is a similar charge to driving under the influence (DUI) in South Carolina. However, while you may have heard of DUI, you may be unfamiliar with DUAC. DUAC is a serious crime with potentially severe and long lasting consequences. If you have been charged with DUAC, contact Pisarik Law Firm. Craig Pisarik has extensive experience handling DUAC cases as a former prosecutor and as a criminal defense attorney. Mr. Pisarik is also a member of the National College for DUI Defense. Call today to discuss your options with a DUAC attorney.

Elements of DUAC First Offense:

In order to prove that a person is driving with an unlawful alcohol concentration, the State must prove that a person:
1.) Drove a motor vehicle 2.) in the State of South Carolina 3.) while their blood alcohol concentration was .08 or higher. Unlike the charge of DUI, the State does not need to prove that a person’s faculties to drive are materially and appreciably impaired. The State need only prove that a person’s blood alcohol concentration was over the .08 threshold while they were driving a motor vehicle in South Carolina.

A person will only be charged with DUAC if they submit to a breath sample on the Datamaster machine, give a urine sample, or have their blood drawn and tested. However, just because you have been charged with DUAC or gave a sample that tested over .08 does not mean that you are guilty. Call Pisarik Law Firm for a free consultation today. It won’t cost you anything to discuss your options with an experienced DUAC attorney.

Penalties for DUAC First Offense:

The penalties for a DUAC first offense are the same as the penalties for DUI first offense.
A person convicted of a first offense DUAC faces the following potential penalties:

  • Fines: A conviction can lead to fines from $997.00 to over $2,000.00
  • Driver’s License Suspension: a six (6) month driver’s license suspension
  • Counseling: Required participation in Alcohol and Drug Safety Action Program Counseling classes (ADSAP).
  • Insurance: Requirement of SR-22 Insurance
  • License Fees: Reinstatement Fees

In addition to these penalties, a conviction for DUAC will stay on a person’s record for the rest of their life, potentially affecting future job prospects, career advancement, earning potential, and quality of life. A person convicted of a DUAC second or third offense can face increased penalties and jail time. In addition, a previous DUI conviction can be used to enhance a DUAC charge to a second or third offense. Similarly, a previous DUAC conviction can be used to enhance a subsequent DUI charge to a second or third offense.

Driver’s License Suspensions

Similar to DUI, a conviction for DUAC can lead to a driver’s license suspension. Additionally, if the breath, blood, or urine sample given registers at a .15 or higher, a person’s driver’s license or privilege to drive in South Carolina will be revoked immediately. However, just because you have given a sample that has registered over a .15, does not mean that you are out of options. Contact Pisarik Law Firm today to discuss your options for getting back on the road.

Contact a Rock Hill DUAC Attorney at Pisarik Law Firm Today to Discuss Your DUAC Defense

When facing a charge as serious as Driving with an Unlawful Alcohol Concentration (DUAC) you need an experienced trial attorney on your side. Contact a former DUI and DUAC prosecutor and experienced DUAC attorney at Pisarik Law Firm today for your free consultation. 803-415-2733

2017-07-26T17:39:45+00:00