Two other ways SC police can get a blood alcohol test to use against you in court are blood or urine tests. What is zero tolerance? Persons under the age of 21 cannot legally purchase, possess or consume alcoholic beverages. Zero tolerance refers to laws that prohibit people under the age of 21 from driving a motor vehicle with a measurable amount of alcohol in their system. Under South Carolina`s zero-tolerance law, it is illegal for anyone under the age of 21 to operate a motor vehicle with a blood alcohol level of 0.02% or higher. A urine or blood sample may be taken in a hospital by a qualified nurse. Although in some states officers collect blood themselves, SC officers take a suspect to the hospital if they want a blood draw. In most cases, this does not happen unless the suspect has been involved in a car accident and charged with aggravated drink-driving. In South Carolina, it is illegal to drive under the influence of alcohol or drugs as long as a person`s ability to drive is materially and significantly impaired. If you have a blood alcohol level of 0.08% or higher, you will be deemed to have driven while impaired.
If you have a blood alcohol level of at least 0.05% but less than 0.08%, your blood alcohol level as well as other evidence such as a failed field sobriety test may be considered. A waiter at a tavern who knowingly sells alcohol to someone under the age of 21 faces 30 to 60 days in jail and a fine of $100 to $200. A conviction for impaired driving can change your life, impact potential future employment, increase insurance rates, and tarnish your reputation with your peers. A charge of impaired driving is a serious crime that requires an aggressive and well-planned criminal defense. It is important that you contact an experienced defence lawyer as soon as possible for legal representation. Contact our qualified Greenville DUI defense attorneys today at 864-618-2323 for a free, no-obligation consultation. Driving with an illegal alcohol concentration (DUAC) is different. Penalties are increased for drunk driving if there was a minor in the vehicle at the time of arrest for drunk driving, if the blood alcohol level is greater than or equal to 0.10 or if fatal accidents occur as a result of the impaired driving offence. Other criminal penalties for alcohol-impaired driving, such as participating in a drug and alcohol evaluation program, suspending your driver`s licence, or installing an alcohol barrier in your vehicle.
South Carolina law prohibits people under the age of 21 from driving a vehicle with a blood alcohol level greater than 0.02%. Under South Carolina`s „zero tolerance“ law, a person under the age of 21 who drives with a blood alcohol concentration above 0.02 percent faces an automatic driver`s license suspension for three months or six months if there has already been an alcohol-related conviction or suspension in the past five years. If a person under the age of 21 refuses to consent to a blood alcohol test, their licence is automatically suspended for six months or one year if there has already been a conviction or suspension for alcohol consumption in the previous five years. The agent will sometimes tell you to „blow, blow, blow harder“ because the machine is designed to test „deep lung air.“ It determines the alcohol content of the breath sample, but this is not the end of the analysis. The machine then multiplies its result by 2,100 to obtain a blood alcohol level. Three types of alcohol tests are used in SC: the datamaster (breathalyzer test), the urinalysis or the blood test. Every person who supplies or gives liquor to a person under 21 years of age for a first offence is liable to a fine of not less than two hundred dollars and not more than three hundred dollars or imprisonment for a term of not more than thirty days, or both; A subsequent offence is punishable by a fine of not less than four hundred dollars and not more than five hundred dollars or imprisonment for a term of not more than thirty days, or both. The „legal limit“ generally refers to a person`s blood alcohol level – how much alcohol is in their blood when driving. Of course, there is considerable variability in how each person`s blood alcohol level also affects their driving – male or female, height, amount of food consumed, the person`s metabolism, and the person`s tolerance level (regular drinkers need to drink significantly more alcohol than occasional drinkers to achieve the same level of intoxication). If this is your first impaired driving offence, the criminal penalties you may face are directly related to the blood alcohol level found in your breathalyzer results: This means that a person who drinks regularly, is above average, has a high alcohol metabolism in their system and has not been impaired can be convicted of DUAC solely on the basis of their blood alcohol level. Improper driving under the influence of alcohol: South Carolina law prohibits a person from operating a motor vehicle under the influence of alcohol if their ability to drive is physically and significantly impaired.
If you are convicted of grievous bodily harm or death while driving under the influence of alcohol (DUI offence), ask yourself: What is illegal per se? These are the laws that make it illegal to drive a motor vehicle at a certain blood alcohol level. In South Carolina, it is illegal to operate a motor vehicle with a blood alcohol level of 0.08% or higher. Even if you just feel „a little excited,“ you`ll be arrested if you`ve been driving and your blood alcohol level is above the legal limit. Even if you have been arrested for impaired driving, you can challenge the alcohol testing equipment, the procedures used by law enforcement, and the reason for the traffic stop, among other things. An experienced DUI defense attorney can explain the post-arrest process, guide you through your legal options, and help you protect your rights. As a general rule, driving under the influence of alcohol or drugs is a crime. However, the offence may become a criminal offence if: The „legal limit“ does not refer to the number of drinks a person has had – there are far too many factors that influence a person`s degree of intoxication, depending on a certain number of drinks, such as whether the subject is a man or a woman, their size, how much they ate, the amount of alcohol in a particular drink, the amount of drink in the container, and the person`s metabolism (the rate at which alcohol is processed by their system). Are beer and wine less debilitating than spirits? Impairment is not determined by the type of drink, but by the amount of alcohol consumed in a given period of time. There is a similar amount of alcohol in these standard beverages like a 12-ounce serving of beer, a 4-ounce glass of wine, and 1.25 ounces of 80% alcohol. Beer is the most commonly consumed beverage by people arrested for drunk driving or involved in alcohol-related accidents. If you face DUAC or DUI criminal charges, contact a defense attorney experienced in criminal law immediately. Even a 0.01% difference in your blood alcohol level (BAC) can mean the difference between your drunk driving charge and a drunk driving conviction.
How does alcohol affect driving skills and accident risk? Alcohol causes poor judgment. This slows down your reaction time and your ability to focus and make decisions. It affects your eyesight. If your blood alcohol level reaches 0.08, you are three times more likely to have a traffic accident than if your blood alcohol level were zero. If your blood alcohol level reaches 0.25%, your chances of a traffic collision are 25 times higher. In South Carolina, driving a vehicle after drinking or using drugs can result in stiff penalties under the state`s drunk driving and DUAC laws. South Carolina laws set blood alcohol limits, testing rules, and penalties for driving a vehicle after drinking or using drugs. If you are convicted of impaired driving, a public criminal record can lead to life-threatening challenges.
This could affect your ability to get a loan, find a job, and get an apartment. Therefore, it is important to have legal counsel in your corner who understands the importance of your drunk driving case. The experienced Greenville DUI advocates at TF Law will fight fiercely for your constitutional rights and serve as powerful advocates working for a positive outcome. Under South Carolina law, drivers in the state are deemed to have consented to test for breath, blood or urine for the presence of alcohol or drugs.