Understanding the Legal Limit for Alcohol in South Carolina

What Is the Legal Limit for Alcohol in SC?

The South Carolina Department of Motor Vehicles (SCDMV) observes the .08 percent Blood Alcohol Concentration (BAC) standard to identify drivers who are legally drunk. However, there are different legal alcohol limits for drivers of various vehicles in South Carolina. For instance, the legal alcohol limit for a commercial driver is .04 percent BAC. SCDMV identifies non-commercial drivers as anyone who is not driving an employee vehicle, taxi, bus or limousine for hire .
Drivers under the legal drinking age of 21 are subject to a .02 percent BAC limit. Underage DUI laws apply regardless of whether the driver is on public roads or private property. Contracts are also not an exception for the legal drinking age rules. Operating a snowmobile, moped, all-terrain vehicle (ATV), boat or jet ski while under the influence is also illegal.

How South Carolina Determines Blood Alcohol Levels for DUI

There are a number of steps involved in determining whether or not someone is over the legal limit in South Carolina. It is important to note that not all DUI stops result in an arrest. In some cases, the driver will pass the field sobriety test administered by law enforcement. However, if a law enforcement officer notices signs of impairment, they will likely recommend that the driver submit to a breath test, known as a breathalyzer test.
South Carolina law enforcement officers regularly employ field sobriety tests to determine whether a suspected drunk driver is out on the road. Cops hope that a person who is arrested for drunk driving will fail the tests, because the results will provide evidence against the driver. Accordingly, the standard of proof required to "pass" a field sobriety test is lower than the standard of proof required to fail a field sobriety test. This means that a driver is unlikely to pass the test, regardless of whether they are intoxicated or not.
There are three standardized field sobriety tests that officers will regularly use as part of a DUI investigation. By comparing the suspect’s performance to the performance of a sober driver, cops can determine whether the driver is impaired. Of course, the tests are valid only if they are performed properly and in ideal conditions. If an officer records those conditions incorrectly in the police report, they can be called out on it by a knowledgeable criminal defense lawyer.
When police suspect that a driver is under the influence of alcohol, they will often recommend that the driver submit to a breathalyzer (though not always-there is also such a thing as a blood test). A breathalyzer, or breath test, works by measuring the ethanol (alcohol) content in a person’s breath. At the same time, the breath test also measures the ambient air temperature, atmospheric pressure, alcohol-free water vapor, and the amount of alcohol in the air sample. Using mathematical formulas, the instrument determines the driver’s Blood Alcohol Concentration (BAC). Prior to taking a breath test, the driver should be warned of the consequences that follow refusing to submit to one. The DS-4056 Implied Consent Form should be read to the driver at the time.
The BAC reading then allows law enforcement to determine whether a driver is over the legal limit of 0.08%.

Penalties for Being Over the Legal Limit for Alcohol

The fines and penalties for driving over the legal limit in South Carolina can vary greatly from case to case. There are a number of circumstances which will dictate the outcome of a case. For example prior convictions for drinking driving, evidence of high blood alcohol reading, whether there was an accident or property damage and whether any injuries were involved. Most importantly what you do after your arrest is key to your future.
For a first offense DUI conviction for a Blood Alcohol Concentration (BAC) of .10% to .15% or 10% to 15% the minimum fine is $400 and a maximum fine of $1,000 and/or imprisonment for 48 hours up to 90 days. ($100 fine for Court cost/fine and a $100 assessment for SCSLTA is added to the minimum fine amount.) The sentence must be served within 90 days of conviction. A first time DUI with BAC of .16 to .21% or 16% to 21% will double the minimum and maximum fines and imprisonment for 72 hours to six months. In addition to the fines and/or imprisonment you will be entering a criminal justice system that goes on your permanent criminal record. The arresting agency adds the arrest to their data base and you may be added to SLED’s database.
In all cases you will be charged at least $400 for court costs and assessments. This includes a $300 fine as a cost and $100 as a fine payable to S.C. Traffic Laws Enforcement Fund. This money goes as a fine not to exceed $100 to the S.C. Traffic Law Enforcement Fund, a fine not to exceed $40 to the Highway Department as special assessments and $260 to the general fund of the county or municipality as a court cost.
If you are convicted of DUI or have an implied consent suspension of your driver’s license then your insurance premiums will increase and in most cases dramatically. It is possible to have coverage denied for any premium increase. Until the reinstatement fee is paid by certified funds to the S.C. Department of Transportation (DOT) or Department of Motor Vehicle of the state which issued your license, a hold is placed on your driver’s records and notations are made of the record. To reinstate your license you must pay the DOT $1000 for a first offense DUI, $1500 for a second DUI and $3000 for a third DUI as an administrative DWI Driver’s License reinstatement fee.

How to Stay Under the Legal Limit

One of the best ways to manage your blood alcohol concentration and remain a legal driver under South Carolina law is to simply plan ahead. For instance, if you know that you’ll be having a few drinks at a party, it’s a good idea to designate a sober friend as a driver or arrange for taxi or rideshare service beforehand to ensure that you won’t be tempted to drink above the legal limit. Alternately, if you’re the designated driver for a group, you may want to consider being the designated drinker for a period of the evening, with the understanding that at some point during the night you can switch off with another sober friend and drink without exceeding your own limits. For those times when planning is not possible or is detected too late in the evening to be clear headed, personal breathalyzer devices can be a good tool that allows you to monitor your alcohol consumption in order to avoid being over the limit. Many of these devices are portable and can be easily carried in a purse or backpack to the event or party. Using one of these devices can help you make smart decisions about whether or not to drive after drinking. However , you should be aware that most of the available consumer-grade breathalyzer devices are not as accurate as breathalyzers used by law enforcement and that they may give a false reading if you use mouthwash, breath spray, or are coming down with a cold. Another option is to have a general understanding about how many drinks you need to consume in order to be legal to drive. According to this chart, a woman who weighs 140 lbs would need to consume three standard drinks over a two hour period to be close to the legal limit of .08, while a man of the same weight could consume four standard drinks during that same time period. As a rule of thumb, it’s always best to choose a safe drinking rate and stick to it, starting off slow and finishing early in the evening to avoid any possibility of drinking in excess and limiting your chance of impaired driving.

How the Legal Limit for Alcohol Affects Public Safety

The effective enforcement of legal alcohol limits not only drives the social and legal consequences of a DUI, but is also a key factor in promoting the overall public safety. In South Carolina, the legal limit for blood alcohol concentration (BAC) is clearly set at 0.08%. This means that any motorist with a BAC over 0.08% is considered to be driving under the influence and can face serious legal penalties. The enforcement of this legal limit directly influences the social and legal consequences of a DUI by establishing a baseline for drinking and driving.
The social costs of drinking and driving are significant. Alcohol-related motor vehicle accidents are the leading cause of death for the nation’s youth. In fact, according to the National Highway Traffic Safety Administration, in 2018 alone there were 10,511 people killed in crashes involving drunk drivers. The economic cost is also staggering. The Centers for Disease Control and Prevention (CDC) estimates that the cost of alcohol-related crashes in the United States totals over $199 billion annually.
Moreover, data from the South Carolina Department of Public Safety reveals a steady rise in alcohol-related fatalities from 2013 to 2019, ranging from 296 to 318 each year, respectively. Additionally, between 2015 and 2019, 18.75% of all fatal crashes in South Carolina involved alcohol. Given these alarming figures, the role of legal limits in promoting public safety cannot be understated.
The criminal courts charge violators based on the level of alcohol concentration. As such, an individual who registers a BAC of, for example, 0.09, can face different legal consequences than someone with a BAC of 0.16. In the former instance, a first offender may avoid a penalty, but not so in the latter case. Increased BAC levels are associated with increased penalties.
In South Carolina the social and legal consequences of DUI’s are also impacted by the South Carolina Alcohol Concentration Limit for Operating a Motor Vehicle law. Although the legal limit in South Carolina is .08, the preference of the courts is .05, and that means that arrests will be made at .05 so that there is no issue of getting a conviction over .08. The court does not want to "guess" at the BAC, and so .05 is preferred at the time the offense occurs.
As is clear, the enforcement of legal alcohol limits plays a significant role in reducing the number of accidents and deaths caused by DUI across the state. Through legislation, data tracking, and the criminal justice system, we can have a better understanding of alcohol-related consequences for our society.

Getting Help with Drunk Driving legal issues

If you or one of your friends ever gets charged with driving under the influence (DUI) in South Carolina, especially if the police officer takes away your driver’s license and gives you a piece of paper to take your license back at the DMV (S.C. Code 56-5-2952), you might be expecting a quick fine to pay to get your driving privileges back, and you might not understand why the state wants to imprison you. Get legal assistance as soon as possible. You will need legal assistance the instant the patrol car blue lights and siren go off behind you. You need to ask to speak to a lawyer immediately, and you shouldn’t say anything else. After you claim your right to an attorney and the officer puts you in the backseat of the patrol car, you should begin talking to the lawyer you intend to hire or someone who can help you find and hire a lawyer immediately . An attorney will be needed to negotiate any plea deal or lesser charge that might otherwise be offered to the defendant. An attorney will be needed to explain the laws in South Carolina regarding DUI and refusal to take a breath test (blood alcohol content or BAC test). An attorney will be needed to object to the introduction of evidence against you that would otherwise be allowable as evidence in court. An attorney will be needed to stand up for your rights guaranteed by the Constitution of the United States and the laws of the State of South Carolina. So get legal assistance immediately. DUI or driving with a blood alcohol content over .08 is very serious and could result in prison terms up to 30 days or as long as 90 days, fines up to $4000, up to 540 hours community service, license restrictions, required installation and use of an ignition interlock device and other penalties.