DUI and DUAC in South Carolina

Being charged with either DUI or DUAC in South Carolina should be taken seriously. If you are convicted of either of these or related offenses, there are serious consequences. If convicted you can be sent to jail, your license will be suspended, and your insurance will likely go through the roof for years to come.

However just because you are charged doesn’t mean a conviction is inevitable, or even likely. Each case has a unique set of circumstances that could be the key to a favorable outcome. Here at Grooms and Thomas, LLC we take pride in the representation we provide our clients, both Attorneys J. Austin Thomas and J. Stephen Grooms have experience in criminal law, and in particular DUI and DUAC charges. Please check our reviews and background and then give us a call to set up a free consultation to see the difference.

The elements of DUI in SC that the prosecution must prove include:


In order to prove a case of Driving Under the Influence the State must first show that there was actual driving in order to prevail. In that the vehicle is being operated and in motion as opposed to an occupant who is simply listening to the radio while stationary or enjoying the air conditioning.

While Intoxicated

Intoxication can include alcohol or any illegal or a legally prescribed drug that has intoxicating effect. For example, you can be charged with DUI in SC based on intoxication from:

  • Alcohol;

  • Marijuana;

  • Cocaine;

  • Prescription pain medications;

  • Sleep medications; etc.


However, simply takin a prescribed medication or having a beer isn’t necessarily enough for the prosecution to prove a charge of DUI, they must also prove that you were intoxicated to the point that it impaired your ability to operate a vehicle.

The State must prove that Your Faculties to Drive Were Materially and Appreciably Impaired

The State will seek to prove that your faculties to drive were materially and appreciably impaired in several ways. For example, they will take testimony from the arresting officer regarding his observations as well as use any evidence the court allows against you such as a roadside sobriety test, urinalysis, blood test, or collected video footage of the alleged improper driving, etc.

Having an experienced DUI attorney to know what to look for can make all the difference in the outcome of your case.

DUAC – Driving with an Unlawful Alcohol Concentration in SC

To be convicted of DUAC in SC, the prosecution only needs to prove that you were driving and that your blood alcohol content (BAC) was .08 or greater.

However, even if you are charged due to a blood alcohol content as outlined above there are still defenses that may apply to your case and I would invite you to contact our office to go over your options.