08/24/2026
DUI and DUAC are not the same charge in South Carolina.
The difference is what the State has to prove.
A DUI charge focuses on impairment. South Carolina law prohibits driving when alcohol, drugs, or a combination of substances materially and appreciably impair a person's ability to drive. That makes the evidence around the stop important: driving behavior, officer observations, field sobriety testing, video, and chemical-test evidence can all matter.
DUAC — Driving with an Unlawful Alcohol Concentration — is different. It applies when a person drives with an alcohol concentration of 0.08% or more. The State does not have to prove the same level of impaired faculties required for DUI, but the test is not beyond challenge. The timing of the test, the testing procedure, whether required rights were given, the qualifications of the person administering the test, and the reliability of the equipment can all become issues.
South Carolina law also prevents a person from being prosecuted for both DUI and DUAC for the same incident. The penalty structures are similar and can change based on prior offenses and alcohol concentration.
If you are facing a DUI or DUAC charge in Horry County, Grooms & Thomas can review the facts and explain what the State would have to prove. Call (843) 444-5702.
General legal information only; not legal advice.
