Under South Carolina law, the legal blood alcohol (BA) limits are:
(1) Less than .05 – It is conclusively presumed that the person was not under the influence of alcohol.
(2) Greater than .05 but less than .08 – No inference whether the person was under the influence of alcohol, but that fact may be considered with other evidence in determining the guilt or innocence of the person.
(3) Greater than .08 – It may be inferred that the person was under the influence of alcohol.
BAC Levels & Rates of Elimination
The following infographic shows estimations of: (1) BAC levels for men and woman at various weights and amounts of alcohol and (2) elimination of BAC over time:
Driving With An Unlawful Alcohol Concentration
In South Carolina, “