As a Charleston DUI lawyer, I occasionally get asked about how many drinks it takes to be over the legal limit in South Carolina. Whether you’re over the limit depends on whether you’re male or female, your weight, the types of drinks you had, and how many you drank within how much time. To help you estimate whether you’ve consumed too much alcohol to operate your vehicle, I’ve prepared these handy charts for you to get an approximate idea. As you can see from the charts below, it doesn’t take many drinks for an averaged sized female (2 to 3 drinks) or an averaged sized male (3 to 4 drinks) to reach the legal limit.
The Legal Limit for DUI in South Carolina
Under South Carolina law, the legal BA (blood / alcohol) 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.
Driving With An Unlawful Alcohol Concentration
Until recently, almost ever other state, other than South Carolina, has had a “per se” law whereby it is illegal to operate a vehicle if you exceed the requisite alcohol concentration. In other words, if a driver’s BAC is above the legal limit, that alone is a crime and there is no need to present other evidence to the court that the driver was impaired (as mentioned above). South Carolina adopted a similar law. Our law states:
It is unlawful for a person to drive a motor vehicle within this State while his alcohol concentration is eight one-hundredths of one percent or more. A person who violates the provisions of this