In South Carolina, Can I Be Charged with DUI if I Register Under 0.08 on a Breath-test?

by | May 22, 2013 | DUI & DWI, Felony DUI

In the state of South Carolina, the number 0.08% is extremely important to driving under the influence (DUI) prosecution.  However, the Charlotte DWI Attorneystate of South Carolina can and will aggressively prosecute a DUI against an individual who had less than a 0.08 BAC.  This sounds ridiculous due to the fact that 0.08% is a magic number in determining whether someone is impaired.  But, impairment can still potentially be shown with a BAC below 0.08%.

The state will do this because DUI requires, not a 0.08% BAC, but

  1. Presence of alcohol or other intoxicating substances in the body, and 
  2. Impairment of ability to drive safely.