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What is the legal BAC limit to be convicted of a DUAC (Driving with Unlawful Alcohol Content) in the state of South Carolina?

Columbia, SC |

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.

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Attorney answers 3


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.


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.


You need to immediately contact a local criminal defense attorney to see if they can get an Ishmell order done, which can reopen a ticket, as well as determine whether or not the time for an appeal has expired.

This answer is for general advice and does not create an attorney client relationship with James Mosteller or the Mosteller Law Firm LLC.



Well then, they might just go ahead reopen the case and slap the original DUI charge. Do you seriously recommend this?

James D. Mosteller III

James D. Mosteller III


If you blew less than a .08, which is what it seems your question involved, you should at least consult with an experienced Columbia criminal defense attorney.

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