South Carolina’s DUI Laws state that it is against the law to drive under the influence (DUI) of drugs and/or alcohol. Anyone who is operating a motor vehicle who has a BAC (Blood Alcohol Concentration) of 0.08% or more is considered to be driving under the influence:
South Carolina DUI Laws – statute(s)
- C. Code § 56-5-2930.
South Carolina DUI Laws – standard
- “It is unlawful for a person to drive a motor vehicle within this State while . . . , under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired.” S.C. Code § 56-5-2930(A).
South Carolina DUI Laws – applicable substances
- Any drug other than alcohol.
South Carolina DUI Laws – affirmative defense
South Carolina Per se – statute(s)
South Carolina Per se – standard
- N/A
South Carolina Per se – applicable substances
- N/A
South Carolina Per se – affirmative defense
- N/A
South Carolina Implied consent – applicable drivers
- A person who drives a motor vehicle in South Carolina. S.C. Code § 56-5-2950(A).
South Carolina Implied consent – tests authorized
- Chemical tests of the person’s breath, blood, or urine. S.C. Code § 56-5-2950(A).
South Carolina Implied consent – basis for test
- Driver must have been arrested for an offense arising out of acts alleged to have been committed while driving under the influence.
- Breath test must be offered before blood test, but a urine sample can be requested if LEO has “reasonable suspicion” that the person is under the influence of drugs other than alcohol. S.C. Code § 56-5-2950(A).
