DUI Attorneys in Charleston SC know that it is illegal to operate a motor vehicle while impaired by alcohol (or drugs). Although it is not illegal to have a drink and drive in South Carolina, our DUI laws state:
It is unlawful for a person to drive a motor vehicle within this State while:
(1) under the influence of alcohol to the extent that the person’s faculties to drive are materially and appreciably impaired;
(2) under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive are materially and appreciably impaired; or
(3) under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person’s faculties to drive are materially and appreciably impaired.
Proof of Impaired Driving
Typically, prosecutors prove a DUI by showing, among other things: (1) the driver had observable signs of intoxication such as slurred speech, blood-shot eyes, strong odor of alcohol, staggering, or swaying; (2) the driver failed field sobriety tests (reciting ABC’s, standing on one leg and counting, etc.); or (3) the driver could not maintain control of the vehicle (weaving, driving off the shoulder, etc.). Additionally, DUI prosecutors could also introduce evidence that the driver had a BAC (Blood Alcohol Concentration) level above the statutory legal limit.