Intoxication vs. Impairment in South Carolina DUI Cases: What You Need to Know
Driving under the influence (DUI) is a serious charge in South Carolina, and understanding the difference between intoxication and impairment is key to navigating the legal landscape. In DUI cases, these terms are not interchangeable. Both intoxication and impairment can lead to a DUI charge, but they are evaluated and penalized differently under South Carolina law. This blog will break down the legal definitions, consequences, and testing procedures related to intoxication and impairment, with a focus on helping you understand your rights and responsibilities.
What’s the Legal Definition of Intoxication in South Carolina?
Intoxication refers to a physical and mental state where an individual’s faculties are impaired due to alcohol or drugs. Under South Carolina law, intoxication is defined by a Blood Alcohol Concentration (BAC) level of 0.08% or higher. If you’re caught driving with a BAC at or above this threshold, you are legally intoxicated and can be charged with a DUI.
– Statute Reference: South Carolina Code of Laws §56-5-2930 establishes that driving with a BAC of 0.08% or more is considered driving under the influence (DUI) of alcohol.
– Notable Stat: In 2022, nearly 10,000 DUI arrests in South Carolina involved drivers with a BAC above 0.08%, making intoxication the primary cause for DUI arrests
How Does South Carolina Law Define Impairment?
Impairment refers to a state where a driver’s ability to operate a vehicle is diminished, even if their BAC is below 0.08%. You can still be charged with a DUI if law enforcement determines that alcohol or drugs have impaired your ability to drive safely. This could involve alcohol, prescription medications, or illegal drugs. Even without hitting the legal intoxication limit, a driver can be impaired to the point that they pose a danger on the road.
– Statute Reference: South Carolina Code of Laws §56-5-2930 allows for a DUI charge based on impairment, regardless of BAC, as long as the driver’s ability to drive is materially affected.
Can You Be Charged with DUI for Impairment Without Intoxication?
Yes, you can. In South Carolina, you don’t have to meet the 0.08% BAC threshold to be charged with a DUI. If an officer observes signs of impairment, such as erratic driving, slurred speech, or the inability to perform sobriety tests, you can still face DUI charges. This is particularly common in cases where drugs (either prescription or illegal) are involved, as these substances may not result in a high BAC but can still impair driving ability.
What Tests Do Police Use to Determine Intoxication vs. Impairment?
South Carolina law enforcement officers use a combination of field sobriety tests (FSTs) and chemical tests to evaluate intoxication and impairment.
– Field Sobriety Tests: These include the Walk and Turn, One-Leg Stand, and Horizontal Gaze Nystagmus tests. These tests are designed to assess a person’s coordination, balance, and attention, which can be affected by both alcohol and drugs.
– Breathalyzer: To determine intoxication, officers use a breathalyzer to measure your BAC. If your BAC is 0.08% or higher, you are considered intoxicated.
– Blood and Urine Tests: If drug impairment is suspected, officers may request a blood or urine test to identify the presence of controlled substances.
How Do Penalties Differ for Intoxication vs. Impairment DUI Cases?
The penalties for DUI in South Carolina depend on whether the charge is based on intoxication (BAC of 0.08% or higher) or impairment (under the influence of drugs or alcohol but with a lower BAC).
– First Offense (Intoxication or Impairment):
– Fine: $400 to $1,000
– Jail Time: 48 hours to 30 days
– License Suspension: 6 months
– Repeat Offenses: The penalties increase significantly for second or third DUI offenses, with longer jail time, higher fines, and extended license suspensions. An ignition interlock device may also be required for repeat offenders.
What Are Common Misconceptions About Intoxication and Impairment in Relation to DUI Laws?
– Misconception 1: “I can’t be charged with a DUI if my BAC is under 0.08%.”
Reality: Even with a BAC below 0.08%, you can be charged with a DUI if the officer believes you are impaired.
– Misconception 2: “Prescription drugs are safe for driving.”
Reality: Prescription medications can impair your driving, especially if combined with alcohol. Even legally prescribed drugs can lead to DUI charges if they affect your ability to drive safely.
Recent Changes to South Carolina DUI Laws Regarding Intoxication and Impairment
South Carolina has tightened its DUI laws in recent years to address both intoxication and impairment. One significant change is the expanded use of ignition interlock devices (IID), which are now mandatory for all repeat offenders. Starting in 2024, new legislation requires that first-time offenders with a BAC of 0.15% or higher must install an IID as well. These changes reflect the state’s commitment to reducing alcohol-related accidents and increasing road safety.
Practical Tips for Avoiding DUI Charges for Intoxication or Impairment
- Use a Designated Driver: If you plan to drink, arrange for someone else to drive or use a ride-sharing service.
- Be Cautious with Medications: Read warning labels on prescription drugs, and consult your doctor if you’re unsure whether a medication can impair your driving.
- Stay Informed: Know your limits when it comes to alcohol consumption, and avoid driving if you’ve had any alcohol or drugs that could impair your judgment.
How Can a Criminal Defense Attorney Help in Cases Involving Intoxication or Impairment?
If you’re facing DUI charges related to intoxication or impairment, a criminal defense attorney can:
– Challenge the Evidence: Your attorney can question the validity of the sobriety tests, breathalyzer results, or officer observations.
– Negotiate a Plea: In some cases, an attorney may be able to reduce the charges or penalties through a plea agreement.
– Defend Your Rights: Your lawyer will ensure that your rights are protected throughout the legal process, potentially leading to a dismissal or reduction of charges.
FAQ: Common Questions About Intoxication, Impairment, and DUI Laws in South Carolina
Q: Can I refuse a breathalyzer test in South Carolina?
Answer: Yes, but refusing a breathalyzer test results in an automatic license suspension under South Carolina’s Implied Consent Law.
Q: Can I be charged with DUI if I pass the field sobriety test?
Answer: Yes, passing a field sobriety test does not guarantee you won’t be charged if the officer has other evidence of impairment.
Q: Will a DUI conviction stay on my record forever?
Answer: A DUI conviction can stay on your record for 10 years in South Carolina, impacting your insurance rates and driving privileges.
Conclusion: Seek Legal Representation if Facing DUI Charges
Understanding the difference between intoxication and impairment is crucial for defending against DUI charges in South Carolina. If you or a loved one is facing a DUI charge, it’s essential to seek legal representation. A criminal defense attorney can guide you through the legal process, challenge the evidence, and work toward reducing the charges or penalties you face.
If you’ve been charged with DUI in Columbia, Lexington, Camden, or Union, contact Thompson & Hiller Defense Firm today. Our experienced team is ready to help you navigate the complexities of your case and defend your rights in court.
