Asked 10 months ago - Columbia, SCFlag
I was arrested for a DUI and thereafter plead guilty to a DUAC < 0.08 (less than 0.08) on the plea sheet. At that time I was led to believe that it is illegal to drive a motorized vehicle in the state of South Carolina after consuming any amount of alcoholic beverage.
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary
I am a DUI lawyer in South Carolina. Contrary to popular belief, it is NOT illegal to drink and and drive in the State of South Carolina. It IS ILLEGAL to be above the legal limit of .08 when you drive. Let me be clear and say that It is never a good idea to drink and drive at any time, but it is only illegal if you are above the legal limit.
I am licensed to practice in Az not SC so I can't answer your question, however your question should really be how do you set aside a conviction once entered. You need to talk with a South Carolina lawyer who can analyze your situation. There could be other factors to consider. You didn't mention your age. In Arizona driving with any amount of alcohol in your blood is a crime if you are under 21. It is also possible to be DUI in Arizona with a bac of less than .08% if you are impaired to the slightest degree by alcohol or drugs-on the other hand if you are .08% Ior above you are presumed to be DUI. I don't know what the law in South Carolina is on this subject but a local attorney should be able to answer your questions. Your question points out the importance of obtaining the advice of an experienced attorney before you enter a plea.
26,606 answers this week
2,686 professionals answering